After petitioner's urine twice tested positive for marihuana, he was charged in a misbehavior report with drug use. He was found guilty of that charge following a tier III disciplinary hearing and that determination was affirmed upon administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, positive drug tests and testimony from the correction officer who performed the tests provide substantial evidence...
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