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MATTER OF HENDERSON v. FISCHER

514114.

98 A.D.3d 1162 (2012)

950 N.Y.S.2d 809

2012 NY Slip Op 6175

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

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

September 13, 2012.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the use of a controlled substance after a sample of his urine twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, he was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. Contrary to petitioner's argument, the misbehavior report...

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