Legal Opinion
Lopez v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided March 20, 2014PublishedCited by 5 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was randomly selected to provide a urine specimen for testing. He was informed that if he did not provide a specimen within three hours, it would be considered a refusal and he would be subject to the same disciplinary disposition as if he had provided a specimen that tested positive. After more than an hour, petitioner informed a correction…
2Cases cited3 opinions
- Chiarappa v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- White v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Amen v. JamesAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by5 opinions
- Hyatt v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Gardine v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
- Gardine v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
- Hyatt v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- MatterofGardinevAnnucciAppellate Division of the Supreme Court of the State of New York · 2014