Petitioner was charged in a misbehavior report with unauthorized use of a controlled substance after a sample of his urine twice tested positive for the presence of THC. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing. After the determination was affirmed on administrative appeal, petitioner commenced this CPLR article 78 proceeding.
Initially, respondent concedes, and we agree, that the Hearing Officer improperly denied petitioner...
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