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MATTER OF SMITH v. PRACK

521505.

138 A.D.3d 1286 (2016)

31 N.Y.S.3d 235

2016 NY Slip Op 02888

In the Matter of JASON SMITH, 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 April 14, 2016.

Petitioner was ordered to submit a urine specimen for testing and it twice tested positive for the presence of K2, synthetic marihuana. As a result, he was charged in a misbehavior report

[138 A.D.3d 1287]
with using an intoxicant. Following a tier III disciplinary hearing, he was found guilty and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We affirm. The misbehavior report, positive...

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