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MATTER OF MARTINEZ v. ANNUCCI

521044.

134 A.D.3d 1380 (2015)

21 N.Y.S.3d 771

2015 NY Slip Op 09592

In the Matter of RONMEL MARTINEZ, 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.

Petitioner was ordered to submit a urine specimen for testing and it twice tested positive for the presence of three different substances, namely, buprenorphine, THC 50 and K2-2. As a result, he was charged in a misbehavior report with using a controlled substance and also with using an intoxicant. Following a tier III disciplinary hearing, he was found guilty of the charges and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding...

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