MATTER OF SMART v. FISCHER

506679.

67 A.D.3d 1222 (2009)

890 N.Y.S.2d 657

2009 NY Slip Op 08536

In the Matter of DESHAWN SMART, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 19, 2009.


Following a tier III disciplinary hearing, petitioner was found guilty of violating both the prison rule prohibiting the use of controlled substances and the rules governing the family reunion program. The determination of guilt was upheld on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The misbehavior report, the positive test results for the presence of opiates in urine samples taken from petitioner, the supporting...

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