MATTER OF ROSARIO v. PRACK

517337.

119 A.D.3d 1302 (2014)

989 N.Y.S.2d 704

2014 NY Slip Op 05584

In the Matter of JORGE ROSARIO, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided July 31, 2014.


Petitioner was charged in a misbehavior report with drug use after his urine twice tested positive for buprenorphine. Following a tier III disciplinary hearing, he was found guilty as charged and that determination was upheld upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, the positive urinalysis test results and related documentation, together with the testimony of the correction officer who conducted the test...

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