Mobayed v. Fischer
Appellate Division of the Supreme Court of the State of New York
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
- Hughes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Canty v. EsgrowAppellate Division of the Supreme Court of the State of New York · 2011
- Reid v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- White v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- 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
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Mullamphy v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- White v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Malloy v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2021
- 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.