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MATTER OF MUNIZ v. FISCHER

516092.

111 A.D.3d 1044 (2013)

974 N.Y.S.2d 667

2013 NY Slip Op 7535

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

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

Decided November 14, 2013.

Petitioner, a prison inmate, was charged in a misbehavior report with drug use after his urine twice tested positive for buprenorphine. He was found guilty as charged following a tier III disciplinary hearing, and that determination was upheld in relevant part upon administrative review. Petitioner then commenced this CPLR article 78 proceeding.

We confirm. The detailed misbehavior report, testimony of the correction officer who tested petitioner's urine and authored...

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