IN THE MATTER OF SUGGS v. MILLER


22 A.D.3d 910 (2005)

802 N.Y.S.2d 775

In the Matter of JOHN SUGGS, Petitioner, v. DAVID L. MILLER, as Superintendent of Eastern Correctional Facility, Respondent.

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

October 20, 2005.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine sample twice tested positive for the presence of cannabinoids. Inasmuch as the misbehavior report, positive test results and supporting documentation, together with the testimony at the hearing, constitute substantial evidence of petitioner's guilt, the determination...

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