MATTER OF HART v. FISCHER

512151.

89 A.D.3d 1357 (2011)

934 N.Y.S.2d 533

2011 NY Slip Op 8535

In the Matter of ZEBADIAH HART, 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 23, 2011.


Petitioner, a prison inmate, was charged in a misbehavior report with the use of a controlled substance after his urine twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, petitioner was found guilty. That determination was upheld on administrative appeal, with a downward modification to the penalty assessed, and petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. To the extent that petitioner...

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