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IN THE MATTER OF SMITH v. FISCHER

54 A.D.3d 1083 (2008)

863 N.Y.S.2d 834

In the Matter of PETER M. SMITH, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

September 11, 2008.

Petitioner was charged in a misbehavior report with possessing a controlled substance after his urine twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, he was found guilty of this charge. After the determination was affirmed on administrative appeal, this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, urinalysis test results and related documentation, as well as the hearing testimony, provide...

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