MATTER OF RALANDS v. PRACK

520620.

131 A.D.3d 1334 (2015)

16 N.Y.S.3d 788

2015 NY Slip Op 06949

In the Matter of CURTIS RALANDS, 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 September 24, 2015.


Petitioner was charged in a misbehavior report with use of an intoxicant after his urine twice tested positive for the presence of synthetic marihuana. Following a disciplinary hearing, petitioner was found guilty as charged. That determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

Petitioner argues that he could not be found guilty of using an intoxicant, as the disciplinary rule that he was charged...

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