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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