MATTER OF COONS v. FISCHER

514863.

106 A.D.3d 1302 (2013)

964 N.Y.S.2d 778

2013 NY Slip Op 3527

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

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

Decided May 16, 2013.


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

We confirm. The detailed misbehavior report, together with the positive urinalysis test results and related documentation...

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