MATTER OF HARRIOTT v. ANNUCCI

520096

131 A.D.3d 754 (2015)

13 N.Y.S.3d 918

2015 NY Slip Op 06468

In the Matter of ALBERT HARRIOTT, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided August 6, 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. The misbehavior report, hearing testimony of its author and positive urinalysis test results provide substantial...

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