Green v. Annucci, 134 A.D.3d 1376 (N.Y. App. Div. 2015). · Go Syfert
Green v. Annucci, 134 A.D.3d 1376 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Ramos v. Annucci
N.Y. App. Div. · 2018 · confidence medium
While a date discrepancy indeed existed in the chain of custody section of the request for urinalysis test form, the correction officer who performed the test explained that this was a clerical error and confirmed that the actual testing dates and times were accurate ( see Matter of Belle v Prack , 140 AD3d 1509, 1510 [2016]; Matter of Green v Annucci , 134 AD3d 1376, 1377 [2015]).
cited Cited as authority (rule) Matter of Beauchamp v. Annucci
N.Y. App. Div. · 2017 · confidence medium
As such, we find that the validity of the test results was not undermined (see Matter of Green v Annucci, 134 AD3d 1376, 1377 [2015]; Matter of Faraldo v Bezio, 93 AD3d 1007, 1008 [2012]).
discussed Cited as authority (rule) Green v. Annucci
N.Y. App. Div. · 2017 · confidence medium
The misbehavior report, positive urinalysis test results and related documentation, together with the testimony of the correction officer who tested the sample, provide substantial evidence supporting the determination of guilt (see Matter of Martinez v Annucci, 134 AD3d 1380, 1380-1381 [2015]; Matter of Green v Annucci, 134 AD3d 1376, 1376-1377 [2015]).
discussed Cited as authority (rule) Green v. Annucci
N.Y. App. Div. · 2017 · confidence medium
The misbehavior report, positive urinalysis test results and related documentation, together with the testimony of the correction officer who tested the sample, provide substantial evidence supporting the determination of guilt (see Matter of Martinez v Annucci, 134 AD3d 1380, 1380-1381 [2015]; Matter of Green v Annucci, 134 AD3d 1376, 1376-1377 [2015]).
discussed Cited as authority (rule) Matter of Ball v. Annucci
N.Y. App. Div. · 2016 · confidence medium
The misbehavior report, positive drug test results, related documentation and the hearing testimony provide substantial evidence to support the determination finding petitioner guilty of using a controlled substance and an intoxicant (see Matter of Martinez v Annucci, 134 AD3d 1380, 1380 [2015]; Matter of Green v Annucci, 134 AD3d 1376, 1376-1377 [2015]; Matter of Rolands v Prack, 131 AD3d 1334, 1335 [2015]).
discussed Cited as authority (rule) Matter of Wade v. Annucci
N.Y. App. Div. · 2016 · confidence medium
The misbehavior report, positive drug test results, related documentation and the hearing testimony provide substantial evidence to support the determination finding petitioner guilty of using a controlled substance (see Matter of Martinez v Annucci, 134 AD3d 1380, 1380 [2015]; Matter of Green v Annucci, 134 AD3d 1376, 1376 [2015]).
discussed Cited as authority (rule) Matter of Williams v. Annucci
N.Y. App. Div. · 2016 · confidence medium
Inasmuch as petitioner denied that he had consumed drugs and alleged that the testimony of the correction officers contained inaccurate statements, these contentions presented credibility issues for the Hearing Officer to resolve (see Matter of Jones v Fischer, 138 AD3d at 1295 ; Matter of Green v Annucci, 134 AD3d 1376, 1377 [2015]).
discussed Cited as authority (rule) Matter of Belle v. Prack
N.Y. App. Div. · 2016 · confidence medium
In addition, although the specimen collection date was incorrect on the urinalysis test results form, the testing officer explained that this was a clerical error that did not affect or undermine the validity of the test results (see Matter of Green v Annucci, 134 AD3d 1376, 1377 [2015]; Matter of Sheard v Fischer, 107 AD3d 1261, 1261 [2013]).
discussed Cited as authority (rule) Matter of Corp v. Venettozzi
N.Y. App. Div. · 2016 · confidence medium
The misbehavior report, urinalysis test results and related documentation and the testimony of the testing officer provide substantial evidence to support the determination (see Matter of Martinez v Annucci, 134 AD3d 1380, 1380-1381 [2015]; Matter of Green v Annucci, 134 AD3d 1376, 1376 [2015]).
Retrieving the full opinion text from the archive…
In the Matter of Hikeem Green
v.
Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Dec 24, 2015.
134 A.D.3d 1376
Cited by 9 opinions  |  Published

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 use of contraband drugs after his urine twice tested positive for buprenorphine. Following a disciplinary hearing, petitioner was found guilty as charged. The determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The misbehavior report, the positive urinalysis test results and related documentation, together with the testimony of the correction officer who conducted the tests and authored the report, provide substantial evidence to support the determination of guilt (see Matter of Rosario v Prack, 119[*1377] AD3d 1302, 1302 [2014]; Matter of Muniz v Fischer, 111 AD3d 1044, 1044 [2013]). Petitioner’s denial that he used drugs presented a credibility issue for resolution by the Hearing Officer (see Matter of Rodriguez v Fischer, 120 AD3d 855, 855 [2014]). Although the testing date was incorrect on the request for urinalysis form, the testing officer explained that this was a clerical error and that the correct testing date and times were reflected on the relevant documentation, including the computer-generated test results. Accordingly, the inconsistency was adequately explained and did not undermine the validity of the test results (see Matter of Sheard v Fischer, 107 AD3d 1261, 1261 [2013]; Matter of Johnson v Fischer, 104 AD3d 1007, 1007 [2013]).

Contrary to petitioner’s claim, a proper foundation was laid for the admission of the positive tests results, as the required testing documentation was provided to petitioner and the chain of custody was established (see Matter of Paddyfote v Fischer, 118 AD3d 1240, 1241 [2014]; Matter of Neil v Fischer, 89 AD3d 1308, 1309 [2011], lv denied 18 NY3d 807 [2012]). Finally, petitioner has not demonstrated that he was denied meaningful administrative review, and his remaining claims have been considered and determined to similarly lack merit.

Lahtinen, J.P., McCarthy, Egan Jr. and Lynch, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.