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MATTER OF GAINEY v. ANNUCCI

523217.

148 A.D.3d 1398 (2017)

2017 NY Slip Op 01942

48 N.Y.S.3d 641

In the Matter of NORMOND GAINEY, 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 March 16, 2017.

Based upon confidential information regarding his possible drug use, petitioner was ordered to submit to a urinalysis test, which twice tested positive for the presence of synthetic marihuana. As a result, petitioner was charged in a misbehavior report with being under the influence of an intoxicant and, following a tier III disciplinary hearing, was found guilty as charged. That determination was affirmed upon administrative...

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