Curry v. Fischer
Cases that cite this one
23 later published cases cite this decision.
- 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)
- Matter of Rahman v. Annucci (Appellate Division of the Supreme Court of New York 2019)
- Matter of Shields v. Prack (Appellate Division of the Supreme Court of New York 2015)
- Matter of Joseph v. Prack (Appellate Division of the Supreme Court of New York 2015)
- Johnson v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Johnson v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Bove v. Department of Correctional Services (Appellate Division of the Supreme Court of New York 2013)
- Bove v. Department of Correctional Services (Appellate Division of the Supreme Court of New York 2013)
- Sutton v. Prack (Appellate Division of the Supreme Court of New York 2013)
- Sutton v. Prack (Appellate Division of the Supreme Court of New York 2013)
- Sheard v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Sheard v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Donahue v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Donahue v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Davis v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Davis v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Henderson v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Henderson v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Johnson v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Johnson v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Smith v. Unger (Appellate Division of the Supreme Court of New York 2012)
- Smith v. Unger (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
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 which found 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 cocaine and opiates. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing. After the determination was affirmed on administrative appeal, petitioner commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, together with the positive urinalysis test results, related documentation and hearing testimony, provide substantial evidence supporting the determination of guilt (see Matter of Geraci v Fischer, 63 AD3d 1467, 1468 [2009]; Matter of Smith v Dubray, 58 AD3d 968, 968 [2009]). Petitioner’s claim that recently prescribed medication caused a false positive test result was contradicted by the testing correction officer who, after checking with the facility pharmacy, stated that petitioner had been off the medication long enough to avoid interference with the test results, thus presenting a credibility issue for the Hearing Officer to resolve (see Matter of Lunney v Selsky, 34 AD3d 955, 956 [2006], lv denied 8 NY3d 802 [2007]; Matter of Figueroa v Goord, 15 AD3d 705, 706 [2005]). Therefore, we find no reason to disturb the determination.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.