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IN THE MATTER OF PITTS v. FISCHER

54 A.D.3d 477 (2008)

862 N.Y.S.2d 645

In the Matter of LANCE PITTS, Petitioner, v. BRIAN S. FISCHER, as Commissioner of Correctional Services, Respondent.

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

August 7, 2008.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of illicit drug use. We now confirm.

The misbehavior report, together with the positive drug test results and testimony adduced at the hearing, provide substantial evidence to support the determination of guilt (see Matter of Hayes v Goord, 26 A.D.3d 546, 546 [2006]). Contrary to petitioner's assertion...

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