Legal Opinion
Martinez v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 2000PublishedCited by 6 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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Following a tier III hearing, petitioner, a prison inmate, was found guilty of drug use after two urinalysis tests indicated positive results for the presence of opiates. After his administrative appeal was unsuccessful, petitioner commenced this CPLR article 78 proceeding. We confirm.
The misbehavior report, the testimony adduced at…
2Cases cited5 opinions
- Rodriguez v. CoombeAppellate Division of the Supreme Court of the State of New York · 1998
- Mendez v. SelskyAppellate Division of the Supreme Court of the State of New York · 1998
- Juzwa v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Bacchi v. LacyAppellate Division of the Supreme Court of the State of New York · 1999
- Hernandez v. McGinnisAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- Graziano v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
- Infante v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
- Caroselli v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Vourderis v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
- Rivera v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
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