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MATTER OF WADE v. PORTUONDO

289 A.D.2d 663 (2001)

733 N.Y.S.2d 648

In the Matter of QUINCY WADE, Petitioner, v. LEONARD A. PORTUONDO, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided December 6, 2001.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine sample twice tested positive for the presence of opiates and cannabinoids. Petitioner challenges the determination claiming that a number of procedural errors require its annulment.* Although petitioner initially was not provided with a request for urinalysis form, the...

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