MATTER OF MOSS v. PRACK

511937.

87 A.D.3d 1255 (2011)

930 N.Y.S.2d 311

2011 NY Slip Op 6628

In the Matter of KEVIN MOSS, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided September 29, 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 cannabinoids. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

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

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