Legal Opinion
Mateos v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 2013PublishedCited 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 Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
After petitioner’s urine twice tested positive for opiates, he was charged in a misbehavior report with using a controlled substance. Petitioner was found guilty following a tier III disciplinary hearing, although the penalty imposed was modified upon administrative review. The present CPLR article 78 proceeding ensued.
We confirm. The hearing testimony,…
2Cases cited3 opinions
- Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
- Bornstorff v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by5 opinions
- Creamer v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2014
- Bussey v. Commissioner of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2014
- Bussey v. Commissioner of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2014
- Creamer v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2014
- MatterofBusseyvCommissionerofCorrectionsandCommunitySupervisionAppellate Division of the Supreme Court of the State of New York · 2014