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MATTER OF ELLISON v. FISCHER

63 A.D.3d 1382 (2009)

880 N.Y.S.2d 578

In the Matter of WALTER ELLISON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided June 18, 2009.

Following a tier III disciplinary hearing, petitioner was found guilty of using a controlled substance. After an administrative appeal, the determination was affirmed with a modified penalty. Petitioner thereafter commenced this CPLR article 78 proceeding and we confirm.

The positive urinalysis results, the misbehavior report and the hearing testimony provide substantial evidence to support the finding of petitioner's guilt (see Matter of Perretti v Fischer,

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