MATTER OF RIVERA v. PRACK

520874.

138 A.D.3d 1267 (2016)

28 N.Y.S.3d 351

2016 NY Slip Op 02879

In the Matter of MARTIN RIVERA, 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 April 14, 2016.


Petitioner was charged in a misbehavior report with drug possession after a search of his cube revealed under his pillow an orange piece of paper with N8 imprinted on it, which was later identified as a soboxone sublingual film. Following a prison disciplinary proceeding, petitioner was found guilty as charged and that determination was later affirmed upon administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior...

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