Legal Opinion
Muniz v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 2013PublishedCited by 7 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, a prison inmate, was charged in a misbehavior report with drug use after his urine twice tested positive for buprenorphine. He was found guilty as charged following a tier III disciplinary hearing, and that determination was upheld in relevant part upon administrative review. Petitioner then commenced this CPLR article 78 proceeding.
We confirm. The…
2Cases cited5 opinions
- Graziano v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
- Hill v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
- Van Dusen v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
- Xao He Lu v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2010
- Mannino v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by7 opinions
- Green v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Bouton v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Rosario v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
- Green v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Carter v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
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