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MATTER OF HARRISON v. VENETTOZZI

529105.

177 A.D.3d 1071 (2019)

109 N.Y.S.3d 914

2019 NY Slip Op 07982

In the Matter of Edward Harrison, Petitioner, v. Donald Venettozzi, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided November 7, 2019.

After a sample of petitioner's urine twice tested positive for the presence of buprenorphine, he was charged in a misbehavior report with using a controlled substance. Following a tier III disciplinary hearing, petitioner was found guilty as charged. The determination was affirmed on administrative appeal, and this CPLR article 78 proceeding ensued.

We confirm. The disciplinary determination is supported by substantial evidence consisting of the misbehavior report...

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