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MATTER OF EPPS v. PRACK

518435.

127 A.D.3d 1477 (2015)

5 N.Y.S.3d 922

2015 NY Slip Op 03424

In the Matter of CORY EPPS, 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 April 23, 2015.

After a sample of his urine twice tested positive for the presence of cannabinoids, petitioner was charged in a misbehavior report with drug use. He was found guilty of the charge following a tier III disciplinary hearing, and the determination was affirmed on administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. Substantial evidence, in the form of the misbehavior report, hearing testimony and positive urinalysis test...

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