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MATTER OF JENKINS v. ANNUCCI

521184.

136 A.D.3d 1093 (2016)

23 N.Y.S.3d 917

2016 NY Slip Op 00734

In the Matter of JAMES JENKINS, 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 February 4, 2016.

After a sample of 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, hearing testimony and positive test results and supporting documentation provide substantial...

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