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IN THE MATTER OF JACKSON v. SMITH

6 A.D.3d 1016 (2004)

775 N.Y.S.2d 611

In the Matter of NATHANIEL JACKSON, Appellant, v. JOSEPH SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

April 29, 2004.

Petitioner was charged with violating the prison disciplinary rule prohibiting inmates from using controlled substances after a sample of his urine tested positive for the presence of cannabinoids. He was found guilty of that charge following a tier III disciplinary hearing. After that determination was upheld on administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging it. Supreme Court rejected petitioner...

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