Legal Opinion
Blake v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 2011PublishedCited by 3 opinions
1Opinion of the Court
*772Petitioner submitted to a random urinalysis test. When his sample twice returned a positive result, petitioner was charged in a misbehavior report with violating a prison disciplinary rule prohibiting drug use. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and this determination was upheld on administrative review. Petitioner thereafter commenced this CPLR article 78 proceeding.
The misbehavior report, positive urinalysis test results and testimony of the correction officer who tested the sample provide substantial evidence supporting the determination of…
2Cases cited6 opinions
- Victor v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Odome v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Stanford v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Lindo v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Rampersant v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by3 opinions
- Faraldo v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
- Schaffer v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Schaffer v. FischerAppellate Division of the Supreme Court of the State of New York · 2013