MATTER OF AYUSO v. VENETTOZZI

526782.

170 A.D.3d 1407 (2019)

96 N.Y.S.3d 705

2019 NY Slip Op 02190

In the Matter of Marcus Ayuso, 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 March 21, 2019.


After his urine twice tested positive for the presence of buprenorphine during a random drug test, petitioner was charged in a misbehavior report with using a controlled substance. He was found guilty of that charge following a tier III disciplinary hearing, and the determination was later affirmed on administrative review. This CPLR article 78 proceeding ensued.

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

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