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MATTER OF GOODWIN v. ANNUCCI

526345.

167 A.D.3d 1196 (2018)

89 N.Y.S.3d 473

2018 NY Slip Op 08598

In the Matter of Paul Goodwin, 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 December 13, 2018.

Based upon confidential information regarding his possible use of unauthorized substances, petitioner was directed to submit to a urinalysis test that twice tested positive for the presence of K2 or synthetic marihuana. As a result, petitioner was charged in a misbehavior report with using or being under the influence of narcotics or a controlled substance (see 7 NYCRR 270.2 [B] [14] [xiv] [rule 113.24, drug use]). Following a tier III disciplinary hearing, he was...

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