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MATTER OF GRATE v. ANNUCCI

524175.

152 A.D.3d 1127 (2017)

2017 NY Slip Op 05904

56 N.Y.S.3d 484

In the Matter of DARRYL GRATE, 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 July 27, 2017.

After petitioner's urine specimen twice tested positive for K2, known as synthetic marihuana, he was charged in a misbehavior report with using or being under the influence of an intoxicant. Following a tier III disciplinary hearing, he was found guilty as charged and the determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, positive drug test results, related documentation and hearing testimony...

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