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MATTER OF LAHEY v. KELLY

71 N.Y.2d 135 (1987)

In the Matter of Vincent Lahey, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants. In the Matter of Henry Gatson, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants. In the Matter of Harold Wiggins, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants. In the Matter of Ronald Green, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants. In the Matter of Donat Reid, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants. In the Matter of Oscar Carrion, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants. In the Matter of Michael McClanahan, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 23, 1987.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter H. Schiff, O. Peter Sherwood and Martin A. Hotvet of counsel), for appellants in the first five above-entitled proceedings.

Norman P. Effman and Leigh E. Anderson for respondents in the first five above-entitled proceedings.

Robert Abrams, Attorney-General (Peter H. Schiff, O. Peter Sherwood and Martin A. Hotvet of counsel), for appellants in the sixth and seventh above-entitled proceedings.

Norman P. Effman and Susan K. Jones for respondents in the sixth and seventh above-entitled proceedings.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

The issue presented in each of these seven prison disciplinary proceedings is whether the results of Syva Emit-st Drug Detection System Tests, known as EMIT tests, can constitute substantial evidence to support respondents' determination finding an inmate guilty of violating a rule prohibiting the use of a controlled substance. We hold that in each case the positive results of an EMIT test, when confirmed...

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