BOVE v. DEPARTMENT OF CORRECTIONAL SERVICES

514689.

105 A.D.3d 1285 (2013)

963 N.Y.S.2d 605

2013 NY Slip Op 2796

In the Matter of ROBERT BOVE, Petitioner, v. DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided April 25, 2013.


Petitioner, a prison inmate, was dispatched to a hospital. Drug tests performed at the hospital and upon his return to the prison indicated that he had unprescribed antidepressants in his system. He was charged with violating various prison disciplinary rules as a result and, following a tier III disciplinary hearing, was found guilty of drug use and possessing unauthorized medication. Petitioner's administrative appeal was unsuccessful, and he thereafter commenced this CPLR...

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