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MATTER OF SHEARD v. FISCHER

515260.

107 A.D.3d 1261 (2013)

967 N.Y.S.2d 514

2013 NY Slip Op 4652

In the Matter of MICHAEL SHEARD, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided June 20, 2013.

Petitioner submitted a urine specimen that twice tested positive for the presence of three different drugs. As a result, he was charged in a misbehavior report with using a controlled substance. He was found guilty of the charge following a tier III disciplinary hearing, but the determination was subsequently reversed and a rehearing ordered. Following the rehearing, petitioner was again found guilty of the charge. The determination was affirmed on administrative appeal with...

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