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MATTER OF WOLFGANG v. GOORD

43 A.D.3d 1262 (2007)

842 N.Y.S.2d 116

In the Matter of JOSEPH WOLFGANG, 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.

Decided September 27, 2007.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the use of drugs after a sample of his urine twice tested positive for opiates. Following a tier III disciplinary hearing, he was found guilty of that charge. Petitioner exhausted his administrative remedies and then commenced this CPLR article 78 proceeding challenging the determination.

The misbehavior report, positive...

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