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MATTER OF FOSTER v. PRACK

522399.

144 A.D.3d 1287 (2016)

2016 NY Slip Op 07367

40 N.Y.S.3d 285

In the MATTER OF ANTHONY FOSTER, Appellant, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided November 10, 2016.

Petitioner was charged in a misbehavior report with use of a controlled substance after his urine twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was affirmed upon administrative appeal. Petitioner commenced this CPLR article 78 proceeding challenging the determination and, following joinder of issue, Supreme Court dismissed the petition. This appeal ensued.

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