MATTER OF KARAPETIAN v. FISCHER


65 A.D.3d 772 (2009)

883 N.Y.S.2d 741

In the Matter of EDGAR KARAPETIAN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided August 13, 2009.


In February 2008, petitioner, an inmate, was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the use of a controlled substance after a sample of his urine twice tested positive for the presence of cannabinoids. He was found guilty following a tier III disciplinary hearing. Petitioner's administrative appeal resulted in a reduction of the penalty imposed but was otherwise unsuccessful, and he thereafter commenced this proceeding pursuant...

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