Legal Opinion
Turner v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 2012PublishedCited by 4 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of THC. He was found guilty of the charge following a tier III disciplinary hearing. The determination was later affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.
We…
2Cases cited8 opinions
- Hoover v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Smith v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
- Marino v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2007
- Coleman v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Hart v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mullamphy v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Donahue v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Donahue v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Mullamphy v. FischerAppellate Division of the Supreme Court of the State of New York · 2013