Legal Opinion
Ellison v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 2009PublishedCited by 6 opinions
1Opinion of the Court
*1383Proceeding 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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Following a tier III disciplinary hearing, petitioner was found guilty of using a controlled substance. After an administrative appeal, the determination was affirmed with a modified penalty. Petitioner thereafter commenced this CPLR article 78 proceeding and we confirm.
The positive urinalysis results, the misbehavior report…
2Cases cited4 opinions
- Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
- Chavis v. GoordAppellate Division of the Supreme Court of the State of New York · 2009
- Perretti v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Moss v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by6 opinions
- Donahue v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Torres v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Reynoso v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Wilcox v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Donahue v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
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