MATTER OF GIAP v. FISCHER

507055

69 A.D.3d 1079 (2010)

893 N.Y.S.2d 656

2010 NY Slip Op 339

In the Matter of THANH GIAP, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided January 14, 2010.


After petitioner twice tested positive for marihuana, he was served with a misbehavior report charging him with drug use. A tier III disciplinary hearing ensued, after which petitioner was found guilty. Upon administrative appeal, the determination was affirmed, but the penalty assessed to petitioner was greatly reduced. He then commenced this CPLR article 78 proceeding to challenge both the determination and the penalty imposed.

We confirm. To the extent that petitioner...

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