Hart v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Petitioner, a prison inmate, was charged in a misbehavior report with the use of a controlled substance after his urine twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, petitioner was found guilty. That determination was upheld on administrative appeal, with a downward modification to the penalty assessed, and petitioner thereafter commenced this CPLR article 78 proceeding.
We confirm. To the extent that petitioner challenges the evidentiary basis for the determination, we find that the misbehavior report, positive drug tests, supporting…
2Cases cited9 opinions
- Gomez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Hughes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Perkins v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
- Perretti v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Mayo v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by8 opinions
- Lamage v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Cagle v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Coons v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Turner v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Pricher v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
3 more not listed; retrieve them via the Exa API.