Legal Opinion

Matter of Shepherd v. Annucci

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

Decided September 22, 2016No. 522604PublishedCited by 6 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 finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was ordered to submit a urine specimen for testing, and it twice tested positive for the presence of K2, synthetic marihuana. As a result, he was charged in a misbehavior report with violating the disciplinary rules that prohibit the use of a controlled substance and an intoxicant. Following a tier III disciplinary hearing, petitioner was found guilty of…

2Cases cited8 opinions

  1. Paddyfote v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Belle v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  3. Martinez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of McMaster v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Ralands v. PrackAppellate Division of the Supreme Court of the State of New York · 2015

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3Cited by6 opinions

  1. Matter of Streeter v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Wallace v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Grate v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  4. Gainey v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  5. Gainey v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017

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