MATTER OF ABREU v. COUGHLIN


161 A.D.2d 844 (1990)

In the Matter of Ernesto Abreu, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents

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

May 3, 1990


Harvey, J.

In March 1988, petitioner, an inmate at Clinton Correctional Facility in Clinton County, was served with a misbehavior report which charged him with the violation of institutional rule 113.12 (use of a controlled substance). This charge was based upon the results of an Emit-st urinalysis test which indicated the presence of cannabinoids in urine obtained from petitioner. A tier III Superintendent's hearing followed at which petitioner, through...

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