MATTER OF TORRES v. PRACK

512688.

95 A.D.3d 1518 (2012)

944 N.Y.S.2d 400

2012 NY Slip Op 3904

In the Matter of ELISHA TORRES, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 17, 2012.


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 cannabinoids. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Petitioner asserts that a legitimate explanation for the discrepancy in readings between the first and the second urinalysis...

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