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MATTER OF TEVAULT v. PRACK

520945.

137 A.D.3d 1351 (2016)

25 N.Y.S.3d 910

2016 NY Slip Op 01533

In the Matter of RICHARD TEVAULT, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided March 3, 2016.

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 opiates. He maintained his innocence, asserting that a correction officer had threatened to manipulate the test results. Petitioner was found guilty of the charge following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR...

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