MATTER OF BURCH v. VENETTOZZI

525562.

160 A.D.3d 1328 (2018)

72 N.Y.S.3d 507

2018 NY Slip Op 02865

In the Matter of William Burch, 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 April 26, 2018.


Petitioner was charged in a misbehavior report with using a controlled substance after his urine sample twice tested positive for the presence of buprenorphine. At the ensuing tier III disciplinary proceeding, petitioner pleaded guilty and, as a result, a Hearing Officer found him guilty of the charge. The determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. Petitioner's guilty plea precludes him from challenging...

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