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MATTER OF WILLIAMS v. ANNUCCI

521003.

134 A.D.3d 1378 (2015)

21 N.Y.S.3d 769

2015 NY Slip Op 09590

In the Matter of CHARLES WILLIAMS, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided December 24, 2015.

After a sample of his urine twice tested positive for THC, petitioner was charged in a misbehavior report with using drugs. Following a tier III disciplinary hearing, he was found guilty of the charge, and that determination was upheld upon administrative review with a modification to the penalty. Petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report and testimony of its author, who conducted the urinalysis testing, combined...

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