Legal Opinion
Montilla v. Prack
Appellate Division of the Supreme Court of the State of New York
Decided May 24, 2012PublishedCited by 4 opinions
1Opinion of the Court
*1581Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
As a result of his failure to provide a urine sample for testing, petitioner was charged in a misbehavior report with failing to comply with urinalysis testing procedures and refusing a direct order. Following a tier III disciplinary hearing, he was found guilty of the charges. The determination was affirmed on…
2Cases cited3 opinions
- Lineberger v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Reynoso v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- King v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- McCain v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- McCain v. FischerAppellate Division of the Supreme Court of the State of New York · 2013