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MATTER OF MATEOS v. FISCHER

516093

110 A.D.3d 1127 (2013)

971 N.Y.S.2d 907

2013 NY Slip Op 6416

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

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

Decided October 3, 2013.

After petitioner's urine twice tested positive for opiates, he was charged in a misbehavior report with using a controlled substance. Petitioner was found guilty following a tier III disciplinary hearing, although the penalty imposed was modified upon administrative review. The present CPLR article 78 proceeding ensued.

We confirm. The hearing testimony, misbehavior report and positive drug test results provide substantial...

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