MATTER OF SHEPHERD v. FISCHER

516352.

111 A.D.3d 1213 (2013)

975 N.Y.S.2d 703

2013 NY Slip Op 7907

In the Matter of EON SHEPHERD, 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 27, 2013.


Petitioner, a prison inmate, was selected for random drug testing and a sample of his urine twice tested positive for cannabinoids, prompting a misbehavior report charging him with use of a controlled substance. Following a tier III disciplinary hearing, he was found guilty, and that determination was affirmed on administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. Initially, the misbehavior report, the positive test...

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