MATTER OF ABRAHAM v. STATE OF NEW YORK


49 A.D.3d 998 (2008)

853 N.Y.S.2d 226

In the Matter of CALVIN ABRAHAM, Petitioner, v. STATE OF NEW YORK, Respondent.

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

Decided March 13, 2008.


Petitioner, a prison inmate, initially was charged in a misbehavior report with threatening a fellow inmate and, after his urinalysis sample tested positive for the presence of opiates, was issued a second misbehavior report based upon that test result. Following two tier III disciplinary hearings, petitioner was found guilty of both charges and separate administrative penalties were imposed. Petitioner's subsequent administrative appeals proved unsuccessful, prompting him...

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