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MATTER OF MATTHEWS v. ANNUCCI

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162 A.D.3d 1432 (2018)

81 N.Y.S.3d 247

2018 NY Slip Op 04806

In the Matter of Luke Matthews, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided June 28, 2018.

Following an investigation of suspected drug use within the correctional facility, petitioner was charged in a misbehavior report with using a controlled substance after his urine sample twice tested positive for the presence of buprenorphine. Following a tier III disciplinary hearing, petitioner was found guilty as charged. The determination was affirmed on administrative appeal with a modified penalty, and this CPLR article 78 proceeding ensued.

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