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MATTER OF PEREZ v. VENETTOZZI

526390.

182 A.D.3d 869 (2020)

120 N.Y.S.3d 866

2020 NY Slip Op 02333

In the Matter of Anthony Perez, 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 23, 2020.

After his urine twice tested positive on two separate dates for the presence of THC-50 during random drug tests, petitioner was charged in two misbehavior reports with using a controlled substance. Following separate tier III disciplinary hearings, petitioner was found guilty of drug use in two determinations, dated May 31, 2017 and June 26, 2017. The determinations were affirmed on administrative review, and this CPLR article 78 proceeding ensued.

Initially, the...

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