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MATTER OF McADOO v. GOORD

32 A.D.3d 1058 (2006)

820 N.Y.S.2d 666

In the Matter of CORNELIUS McADOO, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

September 14, 2006.

As the result of an ongoing investigation, petitioner was required to submit a urine sample for testing. The sample twice tested positive for the presence of cannabinoids and petitioner was thereafter charged in a misbehavior report with using a controlled substance. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

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