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MATTER OF HENRIQUEZ v. BEZIO

510831.

84 A.D.3d 1662 (2011)

924 N.Y.S.2d 189

In the Matter of MIGUEL HENRIQUEZ, Petitioner, v. NORMAN R. BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided May 26, 2011.

MERCURE, J.P.

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 the presence of cannabinoids. Following a tier III disciplinary hearing, petitioner was found guilty of drug use and a penalty was imposed. Petitioner's subsequent administrative appeal was unsuccessful, prompting him to commence this CPLR article 78 proceeding to challenge...

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