Hart v. Fischer
Cases that cite this one
8 later published cases cite this decision.
- Matter of Pricher v. Annucci (Appellate Division of the Supreme Court of New York 2016)
- Coons v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Coons v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Cagle v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Cagle v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Turner v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Lamage v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Lamage v. Fischer (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Petitioner, a prison inmate, was charged in a misbehavior report with the use of a controlled substance after his urine twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, petitioner was found guilty. That determination was upheld on administrative appeal, with a downward modification to the penalty assessed, and petitioner thereafter commenced this CPLR article 78 proceeding.
We confirm. To the extent that petitioner challenges the evidentiary basis for the determination, we find that the misbehavior report, positive drug tests, supporting documentation and hearing testimony provide substantial evidence of his guilt (see Matter of Hughes v Bezio, 84 AD3d 1598, 1598 [2011]; Matter of Ellison v Fischer, 79 AD3d 1538, 1538-1539 [2010]).
We have examined petitioner’s remaining contentions, including that the hearing was not conducted in a timely manner, and find them to be either unpreserved or without merit.
Mercure, J.P, Lahtinen, Malone Jr., Kavanagh and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.