MATTER OF COMFORT v. IRVIN


197 A.D.2d 907 (1993)

602 N.Y.S.2d 264

In the Matter of Paul Comfort, Petitioner, v. Frank E. Irvin, as Superintendent of Wende Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993


Determination unanimously confirmed and petition dismissed.

Memorandum:

We reject petitioner's challenges to the reliability of the EMIT test. The correction officers who collected and tested petitioner's urine sample reasonably complied with the regulations governing urinalysis testing (see, 7 NYCRR part 1020; Matter of Melette v Berry, 181 A.D.2d 950, 951, lv dismissed 80 N.Y.2d 1022...

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