MATTER OF LAND v. FISCHER

513942.

100 A.D.3d 1170 (2012)

953 N.Y.S.2d 408

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

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

November 15, 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 cannabinoids. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Petitioner argues that he was not provided with proper notice of the disciplinary charge of which he was found guilty...

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