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MATTER OF NEIL v. FISCHER

512093.

89 A.D.3d 1308 (2011)

932 N.Y.S.2d 740

2011 NY Slip Op 8264

In the Matter of KENNETH NEIL, 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 17, 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 THC. Following a tier III disciplinary hearing, petitioner was found guilty of the charge. The determination was later upheld on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the positive urinalysis test results and related documentation...

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