MATTER OF GUADALUPE v. VENETTOZZI

525089.

158 A.D.3d 883 (2018)

70 N.Y.S.3d 591

2018 NY Slip Op 00598

In the Matter of JOSE GUADALUPE, 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 February 1, 2018.


Following a family reunion visit with his wife, petitioner provided a urine sample that twice tested positive for the presence of buprenorphine, after a sample he had provided prior to the visit tested negative. He was thereafter charged in a misbehavior report with using a controlled substance and violating family reunion program procedures. Following a tier III disciplinary hearing, petitioner was found guilty as charged. This determination was affirmed on administrative...

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