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MATTER OF BOOKER v. ERCOLE

507741.

72 A.D.3d 1369 (2010)

901 N.Y.S.2d 719

In the Matter of AMIN BOOKER, Petitioner, v. ROBERT ERCOLE, as Superintendent of Green Haven Correctional Facility, et al., Respondent.

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

Decided April 22, 2010.

Garry, J.

Petitioner was charged in a misbehavior report with possession of marihuana. Following a tier III disciplinary hearing, petitioner was found guilty as charged and a penalty was imposed. This determination was affirmed on administrative review, and this CPLR article 78 proceeding ensued.

Petitioner contends that a proper foundation for reliance on the positive NIK test result was not established pursuant to 7 NYCRR 1010.5. That regulation "outlines...

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