MATTER OF VARGAS v. BEZIO

507034

69 A.D.3d 1075 (2010)

892 N.Y.S.2d 661

2010 NY Slip Op 335

In the Matter of ANTHONY VARGAS, Petitioner, v. NORMAN BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided January 14, 2010.


Petitioner was charged 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 THC. He was found guilty of this charge following a tier III disciplinary hearing. The determination was thereafter affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the positive urinalysis...

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