Legal Opinion

Marino v. New York State Department of Correctional Services

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

Decided June 14, 2007PublishedCited by 11 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.

*1005Petitioner was charged in a misbehavior report with using 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 disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding…

2Cases cited5 opinions

  1. Cayenne v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Hoover v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Molina v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  4. Dawkins v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
  5. Costner v. GoordAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by11 opinions

  1. White v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. White v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Geraci v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Frye v. Commissioner of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  5. Matter of Blunt v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017

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