MATTER OF SMITH v. VENETTOZZI

522269.

145 A.D.3d 1277 (2016)

2016 NY Slip Op 08405

44 N.Y.S.3d 233

In the Matter of KENNETH SMITH, 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 December 15, 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 controlled substances. Following a tier III disciplinary hearing, he was found guilty of the charge and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior...

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