MATTER OF BLAKE v. FISCHER

511239.

87 A.D.3d 771 (2011)

927 N.Y.S.2d 811

2011 NY Slip Op 6161

In the Matter of AL BLAKE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided August 4, 2011.


Petitioner submitted to a random urinalysis test. When his sample twice returned a positive result, petitioner was charged in a misbehavior report with violating a prison disciplinary rule prohibiting drug use. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and this determination was upheld on administrative review. Petitioner thereafter commenced this CPLR article 78 proceeding.

The misbehavior report, positive urinalysis test...

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