IN THE MATTER OF SERRANO v. GOORD


28 A.D.3d 838 (2006)

811 N.Y.S.2d 596

In the Matter of JAVIER SERRANO, 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 6, 2006.


After a sample of petitioner's urine twice tested positive for the presence of cannabinoids, he was charged in a misbehavior report with using drugs. Following a tier III disciplinary hearing, petitioner was found guilty of the charge, and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Initially, the misbehavior report, together with the urinalysis test results and related documentation, provide substantial evidence...

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