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MATTER OF MERCER v. VENETTOZZI

522723.

142 A.D.3d 1246 (2016)

37 N.Y.S.3d 641

In the Matter of JAMES R. MERCER, JR., Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided September 22, 2016.

Petitioner was ordered to submit a urine specimen for testing, and it twice tested positive for the presence of cannabinoids. As a result, he was charged in a misbehavior report with violating the disciplinary rule that prohibits the use of any controlled substances. Following a tier III disciplinary hearing, petitioner was found guilty of using a controlled substance, and that determination was affirmed upon administrative appeal...

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