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MATTER OF ROMAN v. PRACK

520346

133 A.D.3d 959 (2015)

18 N.Y.S.3d 568

2015 NY Slip Op 08026

In the Matter of JOSE A. ROMAN, 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 November 5, 2015.

After petitioner's urine twice tested positive for the presence of synthetic marihuana, he was charged in a misbehavior report with use of an intoxicant. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, positive test results and testimony at the hearing provide...

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