Legal Opinion

Lunney v. Selsky

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

Decided November 9, 2006PublishedCited 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 Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

*956Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after a sample of his urine twice tested positive for the presence of opiates. Inasmuch as the misbehavior report and the positive…

2Cases cited4 opinions

  1. Figueroa v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Molina v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  3. Hayes v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  4. Vourderis v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by4 opinions

  1. Curry v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Livingston v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
  3. Bove v. Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2013
  4. Bove v. Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2013

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