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MATTER OF WHITE v. SELSKY

32 A.D.3d 1101 (2006)

820 N.Y.S.2d 865

In the Matter of DWAYNE WHITE, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

September 21, 2006.

Following an investigation, petitioner was asked to submit a urine sample. After the urine sample twice tested positive for the presence of cannabinoids, petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. Petitioner was found guilty following a disciplinary hearing and the determination was affirmed upon administrative appeal. This proceeding ensued.

The misbehavior...

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