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MATTER OF BUSSEY v. COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION

517822

120 A.D.3d 1471 (2014)

991 N.Y.S.2d 913

2014 NY Slip Op 06130

In the Matter of EARL BUSSEY, Petitioner, v. COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

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

Decided September 11, 2014.

When all inmates in a section of the prison were subjected to drug testing, petitioner submitted a urine sample that appeared to be water. A second urine sample was accordingly collected from him (see 7 NYCRR 1020.4 [a] [1]), which twice tested positive for marihuana. Petitioner was charged in a misbehavior report with drug use and, following a tier III disciplinary hearing, was found guilty as charged. The determination...

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