MATTER OF WHITE v. FISCHER

511544.

85 A.D.3d 1483 (2011)

925 N.Y.S.2d 903

2011 NY Slip Op 5400

In the Matter of JOHN H. WHITE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services Respondent.

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

Decided June 23, 2011.


After his urine sample twice tested positive for the presence of cannabinoids, petitioner was charged in a misbehavior report with drug use. He was found guilty after a tier III disciplinary hearing and, when the determination was upheld on administrative appeal, petitioner commenced this CPLR article 78 proceeding.

We confirm. The detailed misbehavior report, positive test results and testimony from the correction officers who both collected and tested petitioner...

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