MATTER OF NUNEZ v. BEZIO

511070.

87 A.D.3d 1209 (2011)

929 N.Y.S.2d 779

2011 NY Slip Op 6511

In the Matter of JUAN NUNEZ, 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 September 22, 2011.


After petitioner, a prison inmate, was required to submit to a random drug test, his urine twice tested positive for opiates and he was served with a misbehavior report charging him with the use of a controlled substance. A tier III disciplinary hearing ensued, after which petitioner was found guilty of that charge. The determination was affirmed administratively, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. To the extent that petitioner...

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