Legal Opinion

Matter of Johnson v. Annucci

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

Decided July 21, 2016No. 522143PublishedCited 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 charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of buprenorphine. He was found guilty of the charge following a tier III disciplinary hearing, and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued. *

We confirm. Upon…

2Cases cited5 opinions

  1. Paddyfote v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Williams v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Baez v. BellnierAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Toliver v. New York State Department of Corrections and Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Shields v. PrackAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by6 opinions

  1. Vidal v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Sunkes v. RussoAppellate Division of the Supreme Court of the State of New York · 2017
  3. Balkum v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Kasiem v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  5. Balkum v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017

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