After his urine sample twice tested positive for opiates, petitioner was charged in a misbehavior report with drug use. Following a tier III disciplinary hearing, at which petitioner declined to present evidence or call witnesses, he was found guilty of the charge and that determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, positive test results and
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.