Legal Opinion

Rivera v. Goord

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 2000Published

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 commenced this CPLR article 78 proceeding chai*992lenging the determination finding him guilty of violating the prison disciplinary rule prohibiting the unauthorized use of a controlled substance. Contrary to petitioner’s assertion, the misbehavior report and testimony adduced at the hearing, together with the positive results of two urinalysis tests…

2Cases cited3 opinions

  1. Aviles v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999
  2. Martinez v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2000
  3. Hernandez v. McGinnisAppellate Division of the Supreme Court of the State of New York · 1998

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