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MATTER OF MILLER v. GOORD

262 A.D.2d 906 (1999)

693 N.Y.S.2d 258

In the Matter of DARYL MILLER, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided June 24, 1999.

Petitioner, a prison inmate, was charged with violating the prison disciplinary rule that prohibits inmates from using narcotics or controlled substances. According to the misbehavior report, two urinalysis tests conducted on petitioner's urine indicated positive results for the presence of cannabinoids.

At the tier III hearing, petitioner pleaded guilty "with an explanation", claiming that medication he was taking caused...

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