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MATTER OF BROWN v. SMITH

132 Misc.2d 686 (1985)

In the Matter of Ronald Brown, Petitioner, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.

Supreme Court, Wyoming County.

June 3, 1985

Attorney(s) appearing for the Case

Ronald Brown, pro se, and Norman P. Effman for Ronald Brown, petitioner. Robert Abrams, Attorney-General (Mark R. Walling of counsel), for respondents.

MARK H. DADD, J.

On August 9, 1984, petitioner Ronald Brown was subjected to a disciplinary hearing at the Attica Correctional Facility. He was found guilty of using marihuana on the basis of two positive readings obtained pursuant to the Emit-st Drug Detection System. In this CPLR article 78 proceeding, petitioner challenges the reliability of this testing method, the proficiency of employees assigned to administer...

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