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MATTER OF FIGUEROA v. GOORD

15 A.D.3d 705 (2005)

788 N.Y.S.2d 731

In the Matter of ANGEL FIGUEROA, 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.

February 3, 2005.

Lahtinen, J.

Petitioner was charged with violating the prison disciplinary rule prohibiting inmates from the unauthorized use of controlled substances after two urinalysis tests of a urine sample he submitted revealed the presence of opiates. Following a tier III disciplinary hearing, petitioner was found guilty, and the determination was upheld on administrative appeal. Petitioner now challenges the determination of his guilt through the present CPLR article 78 proceeding...

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