MATTER OF HYZER v. FISCHER

514688.

104 A.D.3d 983 (2013)

960 N.Y.S.2d 275

2013 NY Slip Op 1450

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

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

March 7, 2013.


After a sample of his urine twice tested positive for the presence of THC, petitioner was charged in a misbehavior report with using a controlled substance. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

We confirm. Substantial evidence consisting of the misbehavior report, positive urinalysis test results and related...

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