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MATTER OF DANIEL v. FISCHER

511481.

86 A.D.3d 892 (2011)

927 N.Y.S.2d 480

2011 NY Slip Op 6065

In the Matter of ANTHONY DANIEL, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 28, 2011.

Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of THC. He was found guilty of this charge at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the positive urinalysis test results and related documentation, as well as...

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