Petitioner was required to submit to a drug test after a correction officer smelled marihuana emanating from the group of prisoners with whom he was congregating in the yard. After petitioner's urine sample twice tested positive for cannabinoids, he was served with a misbehavior report charging him with drug use. Petitioner was found guilty following a tier III disciplinary hearing and his administrative appeal was unavailing. Thereafter, he commenced this CPLR article 78...
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