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MATTER OF EL v. SELSKY

14 A.D.3d 763 (2005)

786 N.Y.S.2d 851

In the Matter of RHAGI EL, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

January 6, 2005.

Petitioner was charged in a misbehavior report with using a controlled substance after his urine twice tested positive for the presence of cannabinoids. He was found guilty of this charge following a tier III disciplinary hearing. The determination of guilt was upheld on administrative appeal, but the penalty was modified. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the positive...

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