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MATTER OF MELETTE v. BERRY

181 A.D.2d 950 (1992)

In the Matter of Andre Melette, Petitioner, v. Carl D. Berry, as Superintendent of Woodbourne Correctional Facility, Respondent

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

March 26, 1992

Mikoll, J.

On August 15, 1990 Sergeant J. Donaghy, a correction officer at Woodbourne Correctional Facility in Sullivan County, filed an inmate misbehavior report charging petitioner with use of a controlled substance. The report was based on two urine tests which indicated the presence of cannabinoids. These tests were ordered pursuant to the random testing system of the Department of Correctional Services. Petitioner was served with the report on August...

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