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MATTER OF PADILLA v. SELSKY

300 A.D.2d 856 (2002)

750 N.Y.S.2d 898

In the Matter of JOHN PADILLA, Appellant, v. DONALD SELSKY, as Director of Special Housing, Inmate Disciplinary Program, Respondent.

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

Decided December 19, 2002.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of controlled substances after his urine twice tested positive for the presence of cannabinoids. This decision was affirmed on administrative appeal and became the subject of this CPLR article 78 proceeding, which was subsequently dismissed by Supreme Court in the judgment under review.

Initially, because the petition...

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