After a correction officer observed petitioner acting in an unusual manner, petitioner was ordered to take a drug test. When a sample of his urine twice tested positive for opiates, he was charged in a misbehavior report with using a controlled substance. Petitioner was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.
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