MATTER OF CUSHING-GALE v. SMITH

508078.

73 A.D.3d 1412 (2010)

901 N.Y.S.2d 423

In the Matter of CHRISTOPHRE CUSHING-GALE, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

Decided May 27, 2010.


Following a hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of a controlled substance after two drug tests produced positive results for the presence of cannabinoids in his urine. The determination was affirmed upon administrative review, and this CPLR article 78 proceeding ensued.

As the determination is supported by substantial evidence in the form of the misbehavior report, hearing testimony and documentary...

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