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MATTER OF HORNE v. FISCHER

60 A.D.3d 1233 (2009)

874 N.Y.S.2d 394

In the Matter of REGINALD HORNE, 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 19, 2009.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of drug use. We now confirm.

The determination of guilt is supported by substantial evidence including the misbehavior report and positive drug test results and related documentation (see Matter of Castillo v Goord, 46 A.D.3d 1060, 1061 [2007]). Although the misbehavior report erroneously...

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