Martinez v. Annucci, 134 A.D.3d 1380 (N.Y. App. Div. 2015). · Go Syfert
Martinez v. Annucci, 134 A.D.3d 1380 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Guadalupe v. Venettozzi (nyappdiv, 2018-02-01)
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Guadalupe v. Venettozzi
N.Y. App. Div. · 2018 · confidence medium
The chain of custody of the sample was properly established through the information contained in the request for urinalysis form and the testimony of the correction officer who collected and tested the [*2]sample ( see Matter of Cotterell v Taylor-Stewart , 145 AD3d 1245, 1246 [2016]; Matter of Martinez v Annucci , 134 AD3d 1380, 1381 [2015]).
discussed Cited as authority (rule) Matter of Shepherd v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Further, the chain of custody of the specimen was adequately established by the information contained on the request for urinalysis form; the form need not specify the location of the sample in the testing area at each moment during the testing procedure (see Matter of Martinez v Annucci, 134 AD3d 1380, 1381 [2015]; Matter of Feliciano v Selsky, 17 AD3d 951, 952 [2005]).
discussed Cited as authority (rule) Matter of Lyons v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Contrary to petitioner’s claim, the chain of custody of the specimen was properly established by the information contained on the request for urinalysis form and the testimony of the officer who collected and tested petitioner’s specimen (see Matter of Martinez v Annucci, 134 AD3d 1380, 1381 [2015]; Matter of Paddyfote v Fischer, 118 AD3d 1240, 1241 [2014]).
cited Cited as authority (rule) Mills v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Contrary to petitioner’s further contention, the chain of custody for the weapon was “adequately established” (Matter of Martinez v Annucci, 134 AD3d 1380, 1381 [2015]).
cited Cited as authority (rule) Mills v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Contrary to petitioner’s further contention, the chain of custody for the weapon was “adequately established” (Matter of Martinez v Annucci, 134 AD3d 1380, 1381 [2015]).
cited Cited as authority (rule) Mills v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Contrary to petitioner’s further contention, the chain of custody for the weapon was “adequately established” (Matter of Martinez v Annucci, 134 AD3d 1380, 1381 [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) 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 Frantz v. Venettozzi
N.Y. App. Div. · 2017 · confidence medium
The misbehavior report, positive drug test results, related documentation and hearing testimony provide substantial evidence to support the determination finding petitioner guilty of using a controlled substance (see Matter of Belle v Prack, 140 AD3d 1509, 1510 [2016]; Matter of Martinez v Annucci, 134 AD3d 1380, 1380-1381 [2015]).
discussed Cited as authority (rule) Matter of Cotterell v. Taylor-Stewart
N.Y. App. Div. · 2016 · confidence medium
Contrary to petitioner’s claim, we find no deficiencies in the chain of custody given that the correction officer who obtained the specimen that petitioner provided after the visit stated that it was either in his possession or secured in a locked room prior to testing, and the handling of the specimen was otherwise set forth on the request for urinalysis form (see Matter of Martinez v Annucci, 134 AD3d 1380, 1381 [2015]; Matter of Paddyfote v Fischer, 118 AD3d 1240, 1241 [2014]).
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 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 Shepherd 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 finding that petitioner had used synthetic marihuana, an intoxicant (see Matter of Martinez v Annucci, 134 AD3d 1380, 1380 [2015]; Matter of Ralands v Prack, 131 AD3d 1334, 1335 [2015]).
discussed Cited as authority (rule) Matter of Williams v. Annucci
N.Y. App. Div. · 2016 · confidence medium
The misbehavior report, positive urinalysis test results and related documentation, as well as the hearing testimony, provide substantial evidence to support the determination of guilt (see Matter of Martinez v Annucci, 134 AD3d 1380, 1380-1381 [2015]; Matter of Williams v Annucci, 134 AD3d 1378 , 1378-1379 [2015], lv denied 27 NY3d 904 [2016]).
discussed Cited as authority (rule) Matter of Belle v. Prack
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 finding that petitioner had used synthetic marihuana, an intoxicant (see Matter of Martinez v Annucci, 134 AD3d 1380, 1380 [2015]; Matter of Rolands v Prack, 131 AD3d 1334, 1335 [2015]).
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]).
discussed Cited as authority (rule) Matter of Smith v. Prack
N.Y. App. Div. · 2016 · confidence medium
The misbehavior report, positive drug test results and related documentation provide substantial evidence to support the finding that petitioner had used synthetic marihuana, an intoxicant (see Matter of Martinez v Annucci, 134 AD3d 1380, 1380 [2015]).
Retrieving the full opinion text from the archive…
In the Matter of Ronmel Martinez
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 1380
Cited by 18 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was ordered to submit a urine specimen for testing and it twice tested positive for the presence of three different substances, namely, buprenorphine, THC 50 and K2-2. As a result, he was charged in a misbehavior report with using a controlled substance and also with using an intoxicant. Following a tier III disciplinary hearing, he was found guilty of the charges and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, positive urinalysis test results and related documentation, as well as the hearing testimony, provide substantial evidence to support the determination finding petitioner guilty of using a controlled substance[*1381] (see Matter of Cobb v Yelich, 118 AD3d 1235, 1236 [2014]; Matter of Cagle v Fischer, 108 AD3d 913 [2013]) and using an intoxicant (see Matter of Ralands v Prack, 131 AD3d 1334, 1335 [2015]). The chain of custody of the specimen was adequately established through the information contained on the request for urinalysis form and the testimony of the correction officer who collected the specimen (see Matter of Paddyfote v Fischer, 118 AD3d 1240, 1241 [2014]; Matter of Davis v Fischer, 98 AD3d 1154 [2012]). Contrary to petitioner’s claim, Department of Corrections and Community Supervision Directive No. 4937 was not violated because the specimen was collected in the bathroom of the dorm, rather than in a hospital or infirmary, as this was an appropriate area (see 7 NYCRR 1020.4 [d] [1]). Petitioner’s remaining contentions are either unpreserved for our review or are lacking in merit.

Peters, P.J., Lahtinen, Lynch and Devine, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.