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MATTER OF HILL v. SMITH

508234.

73 A.D.3d 1418 (2010)

904 N.Y.S.2d 231

In the Matter of JAMES HILL, Petitioner, v. JOSEPH SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided May 27, 2010.

After petitioner's urine sample twice tested positive for opiates, a misbehavior report was served accusing him of illegal drug use. Petitioner was found guilty and, following an unsuccessful administrative appeal, he commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, positive test results and related documentation provide substantial evidence supporting the determination of guilt (see Matter of White v Superintendent of Wyoming Correctional...

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