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MATTER OF PEOPLES v. FISCHER

512465.

92 A.D.3d 1008 (2012)

937 N.Y.S.2d 641

2012 NY Slip Op 691

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

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

Decided February 2, 2012.

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

We confirm. The misbehavior report, positive test results and testimony of the correction officer who performed the tests...

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