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MATTER OF LIVINGSTON v. FISCHER

52 A.D.3d 1152 (2008)

862 N.Y.S.2d 135

In the Matter of DETROY LIVINGSTON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 26, 2008.

Having twice tested positive for cannabinoids, petitioner was charged in a misbehavior report with using a controlled substance. Following a tier III disciplinary hearing, petitioner was found guilty as charged. That determination was administratively affirmed and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the positive urinalysis test results and related documentation, as well...

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