SCHAFFER v. FISCHER

514864.

105 A.D.3d 1287 (2013)

963 N.Y.S.2d 607

2013 NY Slip Op 2799

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

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

Decided April 25, 2013.


A sample of petitioner's urine twice yielded a positive urinalysis test result, and he was accordingly charged in a misbehavior report with violating the prison disciplinary rule prohibiting drug use. He was found guilty as charged following a tier III disciplinary hearing, and his administrative appeal was unsuccessful. Petitioner then commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, test documentation and hearing testimony provide substantial...

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