IN THE MATTER OF SCOTT v. FISCHER


57 A.D.3d 1035 (2008)

868 N.Y.S.2d 816

In the Matter of HAROLD J. SCOTT, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

December 4, 2008.


Kavanagh, J.

Following a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule that prohibits the use of controlled substances. After an administrative appeal, which modified his penalty but affirmed the finding of guilt, petitioner commenced this CPLR article 78 proceeding.

We confirm. The two tests performed on urine specimens taken from petitioner resulted in positive findings for the presence of opiates. Contrary...

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