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MATTER OF CANNON v. FISCHER

62 A.D.3d 1109 (2009)

877 N.Y.S.2d 922

In the Matter of PHILLIP CANNON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 14, 2009.

Petitioner, a prison inmate, was found guilty of using illicit drugs following a tier III disciplinary hearing. That determination was administratively affirmed and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. The determination of guilt is supported by substantial evidence consisting of the misbehavior report, related documentation and positive drug test results (see Matter of Martinez v Goord, 48 A.D.3d 851

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