MATTER OF PUJALS v. FISCHER

510746.

87 A.D.3d 767 (2011)

927 N.Y.S.2d 867

2011 NY Slip Op 6155

In the Matter of CARLOS PUJALS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided August 4, 2011.


Following a urinalysis test that produced a positive result, petitioner was charged in a misbehavior report with violating a prison disciplinary rule prohibiting drug use. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of the charge and that determination was upheld on administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, test results and other supporting documentation...

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