MATTER OF BOOKER v. VENETTOZZI

528555.

179 A.D.3d 1366 (2020)

116 N.Y.S.3d 794

2020 NY Slip Op 00461

In the Matter of Lance Booker, 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 January 23, 2020.


After petitioner's urine twice tested positive for the presence of opioids and THC, petitioner was charged in a misbehavior report with using a controlled substance. Following a tier III disciplinary hearing, petitioner was found guilty of the charge, 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.

To the extent that petitioner argues...

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