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IN THE MATTER OF KITCHENS v. FISCHER

65 A.D.3d 1431 (2009)

885 N.Y.S.2d 436

In the Matter of ANTHONY KITCHENS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 24, 2009.

Petitioner was charged in a misbehavior report with using controlled substances and violating temporary release program rules after a sample of his urine twice tested positive for the presence of opiates. He was found guilty of the charges following a tier III disciplinary hearing and the determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the positive urinalysis test results...

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