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MATTER OF PEREZ v. BEZIO

506343.

67 A.D.3d 1218 (2009)

888 N.Y.S.2d 447

2009 NY Slip Op 08532

In the Matter of JOSE PEREZ, Petitioner, v. NORMAN R. BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided November 19, 2009.

Following a tier III disciplinary hearing, petitioner was found guilty of possessing marihuana in violation of a prison disciplinary rule. After an administrative affirmance, petitioner commenced this CPLR article 78 proceeding challenging the determination.

We confirm. The misbehavior report, hearing testimony and positive test results provide substantial evidence to support the determination of guilt (see Matter of...

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