MATTER OF KAID v. PRACK

521927.

140 A.D.3d 1511 (2016)

35 N.Y.S.3d 514

2016 NY Slip Op 05005

In the Matter of SAEED KAID, 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 June 23, 2016.


During a search of petitioner's cell, a correction officer found, among other things, two sublingual strips that were believed to be suboxone and a green leafy substance that later tested positive for ketamine. As a result, petitioner was charged in a misbehavior report with drug possession. Following a tier III disciplinary hearing, he was found guilty of the charge and the determination was subsequently affirmed on administrative appeal. This CPLR article 78 proceeding...

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