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MATTER OF MARTINEZ v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

273 A.D.2d 663 (2000)

711 N.Y.S.2d 345

In the Matter of MIGUEL MARTINEZ, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided June 22, 2000.

Following a tier III hearing, petitioner, a prison inmate, was found guilty of drug use after two urinalysis tests indicated positive results for the presence of opiates. After his administrative appeal was unsuccessful, petitioner commenced this CPLR article 78 proceeding. We confirm.

The misbehavior report, the testimony adduced at the hearing and the two positive urinalysis test results indicating the presence of opiates provide substantial evidence supporting...

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