MATTER OF MOOLENAAR v. FISCHER

507027.

67 A.D.3d 1296 (2009)

888 N.Y.S.2d 807

2009 NY Slip Op 08743

In the Matter of DARRELL MOOLENAAR, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 25, 2009.


Petitioner, suspected of marihuana use, was required to submit a urine sample, which twice tested positive for cannabinoids. Following a tier III disciplinary hearing, petitioner was found guilty of using a controlled substance. After an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, the positive urinalysis tests and the testimony of the correction officer who collected the urine sample...

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