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MATTER OF RODRIGUEZ v. FISCHER

521564.

138 A.D.3d 1328 (2016)

28 N.Y.S.3d 636

2016 NY Slip Op 03043

In the Matter of NALDY RODRIGUEZ, Petitioner, v. BRAIN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided April 21, 2016.

Petitioner was ordered to submit a urine specimen for testing and it twice tested positive for the presence of K2-2, synthetic marihuana. As a result, he was charged in a misbehavior report with using an intoxicant. Following a tier III disciplinary hearing at which he pleaded guilty to the charge, he was found guilty as charged and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding...

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