Legal Opinion

Mobayed v. Fischer

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

Decided November 10, 2011PublishedCited by 7 opinions

1Opinion of the Court

After petitioner’s urine twice tested positive for cannabinoids, he was served with a misbehavior report charging him with the use of a controlled substance. Petitioner was found guilty following a tier III disciplinary hearing and that determination was administratively affirmed. He then commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, testimony of the corree*1267tion officer who performed the testing and the positive test results provide substantial evidence of petitioner’s guilt (see Matter of Hughes v Bezio, 84 AD3d 1598, 1598 [2011]; Matter of Ellison v Fischer,…

2Cases cited7 opinions

  1. Hughes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  2. Canty v. EsgrowAppellate Division of the Supreme Court of the State of New York · 2011
  3. Reid v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. White v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Faublas v. RockAppellate Division of the Supreme Court of the State of New York · 2011

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Mullamphy v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. White v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of Malloy v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2021
  5. Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

2 more not listed; retrieve them via the Exa API.

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