MATTER OF BUGGSWARD v. RODRIGUEZ

525342.

160 A.D.3d 1320 (2018)

75 N.Y.S.3d 349

2018 NY Slip Op 02855

In the Matter of Lindel Buggsward, Petitioner, v. A. Rodriguez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 26, 2018.


After his urine twice tested positive for the presence of cannabinoids, petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the use of controlled substances. Following a tier III disciplinary hearing, petitioner was found guilty as charged, and a penalty was imposed. Petitioner's administrative appeal was unsuccessful, prompting him to commence this CPLR article 78 proceeding to challenge the determination of guilt.

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