Legal Opinion

Sheppard v. Bezio

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 2009PublishedCited by 4 opinions

1Opinion of the Court

*1190Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with using a controlled substance after two urinalysis tests yielded positive results for the presence of opiates. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. After an unsuccessful administrative appeal, petitioner commenced this CPLR…

2Cases cited6 opinions

  1. Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  2. Sutherland v. SelskyAppellate Division of the Supreme Court of the State of New York · 2009
  3. Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  4. Johnson v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  5. Adams v. GoordAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by4 opinions

  1. Henderson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Valerio v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2009
  3. Matter of Foster v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  4. Henderson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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