Legal Opinion
Gainey v. Annucci
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 2017PublishedCited by 2 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.
Based upon confidential information regarding his possible drug use, petitioner was ordered to submit to a urinalysis test, *1399which twice tested positive for the presence of synthetic marihuana. As a result, petitioner was charged in a misbehavior report with being under the influence of an intoxicant and, following a tier III disciplinary hearing, was found guilty as…
2Cases cited6 opinions
- Matter of Belle v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
- Hill v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Streeter v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Shepherd v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Hines v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
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3Cited by2 opinions
- Matter of Ballard v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Goodwin v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018