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MATTER OF TOWNES v. FISCHER

506625

68 A.D.3d 1294 (2009)

2009 NY Slip Op 9114

890 N.Y.S.2d 708

In the Matter of KEITH TOWNES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided December 10, 2009.

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

Contrary to petitioner's claim, the chain of custody of the specimen was...

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