MATTER OF ELLISON v. FISCHER

511073.

87 A.D.3d 1210 (2011)

929 N.Y.S.2d 780

2011 NY Slip Op 6512

In the Matter of WALTER ELLISON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 22, 2011.


After petitioner's urine sample twice tested positive for cannabinoids, he was served with a misbehavior report charging him with drug use. Petitioner was found guilty of that charge following a tier III disciplinary hearing. That determination was affirmed upon administrative appeal, with a reduction in the penalty assessed. Thereafter, petitioner commenced this CPLR article 78 proceeding.

Initially, we reject petitioner's contention that he was denied the testimony...

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