Legal Opinion

Krall v. Selsky

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

Decided October 23, 2003PublishedCited 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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the use of a controlled substance after his urine specimen twice tested positive for the presence of cocaine and cannabinoids. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding claiming that the…

2Cases cited3 opinions

  1. Johnakin v. RacetteAppellate Division of the Supreme Court of the State of New York · 1985
  2. Avincola v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
  3. Brown v. O'KeefeAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by5 opinions

  1. Vaughn v. OrlandoAppellate Division of the Supreme Court of the State of New York · 2010
  2. Bellamy v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Rivera v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Simon v. MortonAppellate Division of the Supreme Court of the State of New York · 2022
  5. Rivera v. PrackAppellate Division of the Supreme Court of the State of New York · 2014

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