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MATTER OF ROBINSON v. HERBERT

269 A.D.2d 807 (2000)

703 N.Y.S.2d 423

In the Matter of TERRENCE A. ROBINSON, Petitioner, v. VICTOR HERBERT, as Superintendent of Collins Correctional Facility, et al., Respondents.

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

Decided February 16, 2000.

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner was found guilty after a Tier III hearing of violating inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]). The positive results of two urinalysis tests indicating the presence of marihuana provide substantial evidence to support the determination of the Hearing Officer (see, Matter of Lahey v Kelly, 71 N.Y.2d 135, 138;...

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