MATTER OF JOHNSON v. FISCHER

514646.

104 A.D.3d 1007 (2013)

960 N.Y.S.2d 560

2013 NY Slip Op 1589

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

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

March 14, 2013.


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 following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Petitioner argues that the determination is not supported by substantial evidence because a proper foundation for the admission...

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