MATTER OF COTTERELL v. TAYLOR-STEWART

522724.

145 A.D.3d 1245 (2016)

2016 NY Slip Op 08282

44 N.Y.S.3d 228

In the Matter of PHILLIP COTTERELL, Petitioner, v. J. TAYLOR-STEWART, as Deputy Superintendent of Program Services, et al., Respondents.

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

Decided December 8, 2016.


Following a family reunion visit with his wife, petitioner provided a urine specimen that twice tested positive for the presence of THC, an active ingredient of marihuana. As a result, petitioner was charged in a misbehavior report with using a controlled substance and violating family reunion program procedures. He was found guilty of the charges following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article...

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