Legal Opinion
Frye v. Commissioner of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 2010PublishedCited by 7 opinions
1Opinion of the Court
Petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the use of a controlled substance after a sample of his urine twice tested positive for the presence of cannabinoids. He was found guilty of the charge following a tier III hearing. The determination was. affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.
We confirm. The misbehavior report, together with the positive urinalysis test results and related documentation, as well as the hearing testimony, provide substantial evidence to support the…
2Cases cited5 opinions
- Marino v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2007
- Booker v. ArtusAppellate Division of the Supreme Court of the State of New York · 2008
- Valerio v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
- Nelson v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Allred v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by7 opinions
- Reese v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Moss v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
- Neil v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Demarta v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
- Stanford v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
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