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MATTER OF TUCCI v. SELSKY

511522.

94 A.D.3d 1294 (2012)

943 N.Y.S.2d 239

2012 NY Slip Op 2909

In the Matter of DOMINIC TUCCI, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided April 19, 2012.

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 opiates. He was found guilty of the charge following a tier III disciplinary hearing. The determination was later affirmed on administrative appeal and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, positive urinalysis test results and related...

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