MATTER OF McKANNEY v. ANNUCCI

526741.

170 A.D.3d 1354 (2019)

95 N.Y.S.3d 652

2019 NY Slip Op 01868

In the Matter of Malik McKanney, 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 14, 2019.


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

We confirm. The misbehavior report, positive EMIT test results and related documentation...

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