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MATTER OF WHITE v. FISCHER

514235.

108 A.D.3d 891 (2013)

968 N.Y.S.2d 737

2013 NY Slip Op 5258

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

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

Decided July 11, 2013.

Petitioner, a prison inmate, was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, he was found guilty as charged. The determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, test documentation and hearing...

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