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MATTER OF TEVAULT v. PRACK

520193

131 A.D.3d 776 (2015)

14 N.Y.S.3d 823

2015 NY Slip Op 06550

In the Matter of RICHARD TEVAULT, 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 August 13, 2015.

Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for buprenorphine. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal with a modified penalty. Petitioner commenced this CPLR article 78 proceeding challenging the determination and, following joinder of issue, Supreme Court dismissed the petition. Petitioner...

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