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IN THE MATTER OF HAYES v. GOORD

26 A.D.3d 546 (2006)

807 N.Y.S.2d 739

In the Matter of PATRICK HAYES, 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.

February 2, 2006.

MERCURE, J.P.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule against use of drugs after a sample of his urine twice tested positive for cocaine and opiates. Following a tier III disciplinary hearing, petitioner was found guilty of the charge. The determination was affirmed on administrative appeal, and this CPLR article 78 proceeding by petitioner ensued.

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

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