IN THE MATTER OF CALLENDER v. GOORD


24 A.D.3d 1145 (2005)

809 N.Y.S.2d 218

In the Matter of KASIEM CALLENDER, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

December 29, 2005.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine sample, collected on July 22, 2004, twice tested positive for the presence of cannabinoids. Following a disciplinary hearing, petitioner was found guilty of drug use and his subsequent administrative appeal was unsuccessful. Thereafter, petitioner commenced this CPLR article 78 proceeding challenging the determination...

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