MATTER OF SUNDHE v. GOORD


45 A.D.3d 1448 (2007)

845 N.Y.S.2d 670

In the Matter of MOSES SUNDHE, Petitioner, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent.

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

Decided November 23, 2007.


It is hereby ordered that the determination be and the same hereby is unanimously annulled on the law without costs and the matter is remitted to respondent for a new hearing.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding challenging the determination that he violated inmate rule 113.24 (7 NYCRR 270.2 [B] [14] [xiv]), which prohibits the unauthorized use of a controlled substance. Petitioner's urine sample had twice tested positive for the...

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