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MATTER OF SHEPHERD v. ANNUCCI

523985.

153 A.D.3d 1495 (2017)

2017 NY Slip Op 06576

61 N.Y.S.3d 386

In the Matter of EON SHEPHERD, 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 September 21, 2017.

Petitioner was charged in a misbehavior report with using a controlled substance and being under the influence of an intoxicant after his urine sample twice tested positive for the presence of cannibinoids and synthetic cannibinoids. After a tier III disciplinary hearing, petitioner was found guilty of using a controlled substance. The determination was upheld on administrative review, with the penalty modified. This CPLR article 78 proceeding ensued.

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