MATTER OF CREAMER v. VENETTOZZI

517106.

117 A.D.3d 1254 (2014)

984 N.Y.S.2d 893

2014 NY Slip Op 3565

In the Matter of JOHN CREAMER, Petitioner, v. D. VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided May 15, 2014.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the use of a controlled substance after a sample of his urine twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, he was found guilty of the charge. The determination was later affirmed on administrative appeal, prompting the commencement of this CPLR article 78 proceeding.

We confirm. Upon review of the misbehavior...

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