MATTER OF JOHNSON v. ANNUCCI

522143.

141 A.D.3d 996 (2016)

34 N.Y.S.3d 918

In the Matter of MELVIN JOHNSON, 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 July 21, 2016.


Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of buprenorphine. He was found guilty of the charge following a tier III disciplinary hearing, and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.*

We confirm. Upon reviewing the record, we find...

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