MATTER OF SHANNON v. FISCHER

508239.

73 A.D.3d 1373 (2010)

900 N.Y.S.2d 690

In the Matter of JESSE SHANNON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 20, 2010.


After a sample of his urine tested positive for the presence of THC, petitioner, a prison inmate, received a misbehavior report charging him with the use of a controlled substance. Following a tier III disciplinary hearing, he was found guilty and that determination was upheld on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

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

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