MATTER OF FARRELL v. NEW YORK STATE OFF. OF ATTORNEY GENERAL

514504.

108 A.D.3d 801 (2013)

968 N.Y.S.2d 253

2013 NY Slip Op 5014

In the Matter of SCOTT FARRELL, Petitioner, v. NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL et al., Respondents.

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

Decided July 3, 2013.


After a sample of his urine twice tested positive for the presence of opiates, petitioner was charged in a misbehavior report with using a controlled substance. 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, among other things, that meaningful review is precluded because a significant portion of the hearing was not transcribed...

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