MATTER OF ONEGA v. RODRIQUEZ

528002.

173 A.D.3d 1590 (2019)

101 N.Y.S.3d 665

2019 NY Slip Op 05253

In the Matter of Johnny Onega, Petitioner, v. Anthony Rodriquez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided June 27, 2019.


After a sample of petitioner's urine twice tested positive for the presence of buprenorphine, he was charged in a misbehavior report with using a controlled substance. He was found guilty of the charge following a tier III disciplinary hearing and the determination was later upheld on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the positive urinalysis test results and related documentation, provide...

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