Legal Opinion
Pitts v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided August 7, 2008PublishedCited 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 respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of illicit drug use. We now confirm.
The misbehavior report, together with the positive drug test results and testimony adduced at the hearing, provide substantial evidence to support the determination of guilt (see Matter of Hayes v Goord, 26…
2Cases cited2 opinions
- Acevedo v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Hayes v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by6 opinions
- Matter of Medina v. Five Points Corr. FacilityAppellate Division of the Supreme Court of the State of New York · 2017
- Odom v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- West v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Steward v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Steward v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.