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MATTER OF CARTER v. ANNUCCI

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166 A.D.3d 1189 (2018)

87 N.Y.S.3d 719

2018 NY Slip Op 07508

In the Matter of Shem Carter, 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 November 8, 2018.

After a sample of his urine twice tested positive for the presence of THC 50, petitioner was charged in a misbehavior report with using a controlled substance. Following a tier III disciplinary hearing, petitioner was found guilty of the charge, and that determination was upheld on administrative review. Petitioner thereafter commenced this CPLR article 78 proceeding to challenge respondent's determination.

We confirm. The misbehavior report, the positive urinalysis...

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