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IN THE MATTER OF MITCHELL v. GOORD

28 A.D.3d 1039 (2006)

813 N.Y.S.2d 278

In the Matter of DWIGHT MITCHELL, 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.

April 27, 2006.

After petitioner's urine sample twice tested positive for the presence of marihuana, he was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the unauthorized use of a controlled substance. Petitioner was found guilty of the charge following the disciplinary hearing and, with the exception of a modification to the penalty imposed, the determination of guilt was upheld on administrative appeal...

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