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MATTER OF GERACI v. FISCHER

63 A.D.3d 1467 (2009)

880 N.Y.S.2d 865

In the Matter of SAMMY GERACI, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 25, 2009.

Petitioner was charged in a misbehavior report with using a controlled substance after his urine twice tested positive for the presence of opiates. He was found guilty of the charge following a tier III disciplinary hearing. The determination was affirmed on administrative appeal with a modified penalty. This CLPR article 78 proceeding ensued.

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

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