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MATTER OF MOBAYED v. FISCHER

511776.

89 A.D.3d 1266 (2011)

932 N.Y.S.2d 266

2011 NY Slip Op 7895

In the Matter of CRAIG MOBAYED, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided November 10, 2011.

After petitioner's urine twice tested positive for cannabinoids, he was served with a misbehavior report charging him with the use of a controlled substance. Petitioner was found guilty following a tier III disciplinary hearing and that determination was administratively affirmed. He then commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, testimony of the correction officer who performed the...

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