MATTER OF DELGADO v. FISCHER

514096.

100 A.D.3d 1171 (2012)

953 N.Y.S.2d 410

In the Matter of UMAR DELGADO, 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 unauthorized use of a controlled substance after his urine specimen twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, petitioner was found guilty. The determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78.

"Inmates charged with violating prison disciplinary rules have a constitutional right to call witnesses, provided...

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