MATTER OF HOWARD v. PRACK

521259.

137 A.D.3d 1360 (2016)

26 N.Y.S.3d 640

2016 NY Slip Op 01538

In the Matter of STANLEY HOWARD, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided March 3, 2016.


Petitioner was charged in a misbehavior report with drug use after his urine twice tested positive for THC. At the outset of the subsequent tier III disciplinary hearing, petitioner pleaded guilty to the charge with an explanation, contending that the drugs were used in order to help him cope with certain mental health issues. Following the hearing, petitioner was found guilty as charged and this determination was affirmed on administrative appeal. This CPLR article 78 proceeding...

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