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MATTER OF CUSHMAN v. VENETTOZZI

321 TP 19-00515.

186 A.D.3d 1041 (2020)

127 N.Y.S.3d 391

2020 NY Slip Op 04654

In the Matter of Sarah Cushman, Petitioner, v. D. Venettozzi, Director of Special Housing/Inmate Disciplinary Program, et al., Respondents.

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

Decided August 20, 2020.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that she violated inmate rule 113.24 (7 NYCRR 270.2[B][14][xiv] [drug use]). Contrary to petitioner's contention, the testimony and evidence presented at the hearing, including the positive results of two urinalysis...

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