MATTER OF BOUTON v. ANNUCCI

522104.

145 A.D.3d 1219 (2016)

2016 NY Slip Op 08270

43 N.Y.S.3d 565

In the Matter of JAMES BOUTON, 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 December 8, 2016.


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

We confirm. The misbehavior report, positive urinalysis test results and related documentation, as well as the hearing testimony,...

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