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MATTER OF LOPEZ v. FISCHER

60 A.D.3d 1180 (2009)

873 N.Y.S.2d 922

In the Matter of JOSE LOPEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided March 12, 2009.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination which found him guilty of drug use. We now confirm.

The misbehavior report, together with the positive urinalysis test results and related documentation, along with the testimony adduced at the hearing, comprise substantial evidence to support the determination of guilt (see Matter of Smith v Fischer, 54 A.D.3d 1083, 1084...

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