Murphy v. Selsky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCasey, J.
On September 20, 1995, petitioner, a prison inmate, agreed to provide a urine sample to correction officers who suspected that he was using marihuana. The sample was frozen and later tested on October 5, 1995 and again on October 13, 1995. The results of both tests were positive for the presence of cannabinoids. On October 13, 1995, petitioner was charged in a misbehavior report with using a controlled substance. Following a disciplinary hearing, he was found guilty of this charge. This determination was affirmed upon administrative appeal. Thereafter, petitioner commenced this CPLR article…
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