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MATTER OF SMITH v. DUBRAY

58 A.D.3d 968 (2009)

871 N.Y.S.2d 758

In the Matter of LAMEL SMITH, Petitioner, v. KEITH DUBRAY, as Director of Special Housing Unit and Inmate Disciplinary Programs, Respondent.

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

January 15, 2009.

Rose, J.

In May 2007, petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the use of a controlled substance after a sample of his urine twice tested positive for the presence of cannabinoids. He was found guilty following a tier III disciplinary hearing. After an unsuccessful administrative appeal, he commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, positive urinalysis test results...

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