After petitioner's urine sample twice tested positive for the presence of synthetic marihuana, he was charged in a misbehavior report with violating the disciplinary rules that prohibit the use of a controlled substance and the use of an intoxicant. Following a tier III disciplinary hearing, petitioner was found guilty of using an intoxicant, and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior...
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