White v. Superintendent of Wyoming Correctional Facility
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1181Petitioner was required to submit to a drug test after a correction officer smelled marihuana emanating from the group of prisoners with whom he was congregating in the yard. After petitioner’s urine sample twice tested positive for cannabinoids, he was served with a misbehavior report charging him with drug use. Petitioner was found guilty following a tier III disciplinary hearing and his administrative appeal was unavailing. Thereafter, he commenced this CPLR article 78 proceeding seeking annulment.
We confirm. To the extent that petitioner challenges the determination on the ground that it…
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- Ross v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
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