MATTER OF RAMOS v. ANNUCCI

525302.

159 A.D.3d 1185 (2018)

72 N.Y.S.3d 634

2018 NY Slip Op 01531

In the Matter of JULIO RAMOS, 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 8, 2018.


Petitioner was charged in a misbehavior report with drug use after his urine twice tested positive for THC 50. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and a penalty was imposed. Upon administrative review, the penalty was modified but the determination otherwise was affirmed. Petitioner thereafter commenced this CPLR article 78 proceeding to challenge respondent's determination.

We confirm. The misbehavior report and the...

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