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MATTER OF GARCIA v. PRACK

519043

128 A.D.3d 1244 (2015)

8 N.Y.S.3d 609

2015 NY Slip Op 04358

In the Matter of ALEXANDER GARCIA, Appellant, 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 May 21, 2015.

Petitioner was charged in a misbehavior report with drug use after his urine twice tested positive for cannabis. Following a tier III disciplinary hearing, petitioner was found guilty and the determination was affirmed upon administrative appeal. Petitioner then commenced this CPLR article 78 proceeding and, following joinder of issue, Supreme Court dismissed the petition. This appeal ensued.

We affirm. We are unpersuaded by petitioner's contention that he was improperly...

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