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IN THE MATTER OF WILLIAMS v. NEW YORK STATE DEPT. OF CORRECTIONS

8 A.D.3d 920 (2004)

779 N.Y.S.2d 621

In the Matter of KEVIN WILLIAMS, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS, Respondent.

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

June 24, 2004.

Petitioner was charged in a misbehavior report 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 the charge following a tier III disciplinary hearing. The determination of guilt was upheld on administrative appeal, resulting in this CPLR article 78 proceeding.

Initially, although...

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