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MATTER OF SEALY v. NEW YORK STATE DEPT. OF CORRECTIONS & COMMUNITY SUPERVISION

NO. 522972

147 A.D.3d 1127 (2017)

45 N.Y.S.3d 814

2017 NY Slip Op 00692

In the Matter of KODE SEALY, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided February 2, 2017.

Petitioner was charged in a misbehavior report with possessing contraband after a small, black ball of a hardened substance found inside the tip of one of his hand-rolled cigarettes tested positive for the presence of amphetamines and was determined to be synthetic marihuana. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

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