MATTER OF FRANTZ v. VENETTOZZI

522510.

146 A.D.3d 1254 (2017)

2017 NY Slip Op 00517

44 N.Y.S.3d 818

In the Matter of JEAN FRANTZ, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided January 26, 2017.


Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for THC. Following a tier III disciplinary hearing, he was found guilty and this determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, positive drug test results, related documentation and hearing testimony provide substantial evidence to support the determination...

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