MATTER OF BORNSTORFF v. BEZIO

506708.

73 A.D.3d 1397 (2010)

903 N.Y.S.2d 168

In the Matter of KOUWANI BORNSTORFF, 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 May 27, 2010.


Kavanagh, J.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the use of a controlled substance after his urine twice tested positive for marihuana. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. Although the penalty subsequently was modified, petitioner's administrative appeal otherwise proved unsuccessful. Petitioner thereafter commenced this proceeding pursuant...

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