Legal Opinion
Duffy v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 2010PublishedCited by 3 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 was ordered to take a urinalysis test, but failed to provide a urine specimen after drinking three glasses of water over a three-hour period. As a result, he was charged in a misbehavior report with violating urinalysis testing procedures. Following a tier III disciplinary hearing, he was found guilty of the charge. The determination was later upheld on…
2Cases cited5 opinions
- Muller v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Kearney v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Moreno v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Grochulski v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1991
- Capocetta v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by3 opinions
- Matter of Ramos v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Stauffer v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
- Taylor v. FischerAppellate Division of the Supreme Court of the State of New York · 2011