MATTER OF GIBSON v. FISCHER

515791

110 A.D.3d 1414 (2013)

973 N.Y.S.2d 867

2013 NY Slip Op 7105

In the Matter of JOHNATHAN GIBSON, 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 October 31, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with drug use after his urine twice tested positive for cocaine. He was found guilty as charged following a tier III disciplinary hearing, although the imposed penalty was modified upon administrative review. Petitioner then commenced this CPLR article 78 proceeding.

We confirm. Substantial evidence supports the determination in the form of the misbehavior report, the test results and the testimony of...

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