MATTER OF AYRHART v. FISCHER

512809.

94 A.D.3d 1310 (2012)

942 N.Y.S.2d 385

2012 NY Slip Op 2924

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

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

Decided April 19, 2012.


Petitioner was charged in a misbehavior report with the use of a controlled substance after his urine twice tested positive for the presence of cannabinoids. Petitioner pleaded guilty to the charge with the explanation that he was exposed to heavy secondhand smoke as a result of other inmates smoking in the dorm showers. The Hearing Officer rejected petitioner's defense and found him guilty of the charged rule violation. Following an unsuccessful administrative appeal, this...

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