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MATTER OF BOOKER v. ARTUS

51 A.D.3d 1235 (2008)

858 N.Y.S.2d 451

In the Matter of LANCE BOOKER, Petitioner, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided May 15, 2008.

After petitioner's urine specimen twice tested positive for cocaine, he was charged in a misbehavior report with using a controlled substance. A tier III disciplinary hearing was thereafter conducted, at the conclusion of which petitioner was found guilty. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report and hearing testimony, together with the positive urinalysis test results...

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