MATTER OF CONWAY v. COMMISSIONER OF THE DEPARTMENT OF CORRECTIONAL SERVICES


278 A.D.2d 636 (2000)

717 N.Y.S.2d 429

In the Matter of TWAN CONWAY, Petitioner, v. COMMISSIONER OF THE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided December 14, 2000.


Petitioner challenges a tier III disciplinary determination finding him guilty of violating the prison disciplinary rules which prohibit the unauthorized use of a controlled substance after his urine sample twice tested positive for the presence of cannabinoids. Petitioner maintains that a combination of his medications could have resulted in a false positive result. Although petitioner claimed to be taking seven different medications, testimony from the facility nurse as...

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