MATTER OF VARGUS v. ANNUCCI

NO. 522836

147 A.D.3d 1124 (2017)

45 N.Y.S.3d 811

2017 NY Slip Op 00688

In the Matter of KARRIEM VARGUS, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided February 2, 2017.


Upon being examined by a correctional facility nurse for a reported medical emergency, petitioner was charged in a misbehavior report with using an intoxicant. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was affirmed upon administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

We are unpersuaded by petitioner's contention that, because his urinalysis test was negative, substantial evidence...

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