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MATTER OF COATES v. FISCHER

515712.

108 A.D.3d 997 (2013)

969 N.Y.S.2d 254

2013 NY Slip Op 5489

In the Matter of BRYANT COATES, 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 25, 2013.

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

We confirm. The misbehavior report, positive urinalysis results, related documentation and the hearing testimony provide substantial evidence...

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