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MATTER OF WADE v. ANNUCCI

522502.

144 A.D.3d 1294 (2016)

2016 NY Slip Op 07375

40 N.Y.S.3d 296

In the Matter of QUINCY WADE, 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 November 10, 2016.

Petitioner was ordered to submit a urine specimen for testing, and it twice tested positive for the presence of opiates. As a result, he was charged in a misbehavior report with use of a controlled substance. Following a tier III disciplinary hearing, petitioner was found guilty of the charge, and that determination was affirmed upon administrative appeal with modified penalties. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, positive...

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