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PERANZO v. COUGHLIN

No. 1269, Docket 88-2030.

850 F.2d 125 (1988)

Peter PERANZO, Isadore Felix, Oscar Roman, Ferdinand Frilando, Robert Lawrence, Marcella Phipps, James Boyd, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants. v. Thomas A. COUGHLIN, III, Commissioner, New York State Department of Correctional Services, and Ramon Rodriguez, Chairman of the New York State Board of Parole, Gerald M. Burke, Joseph V. Salo, William J. Barnwell, Maurice Dean, Theodore Kirkland, Manuel Perron, Irving Greenberg, Maria Buchanan, Samuel D. Sherrid, Joseph Mulholland, Barbara Treen, and J. Kevin McNiff, Commissioners of New York State Board of Parole, in their Official Capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 27, 1988.

Attorney(s) appearing for the Case

John A. Gresham, New York City (David C. Leven, Robert Selcov, William D. Gibney, Prisoners' Legal Services of N.Y., New York City, on the brief), for plaintiffs-appellants.

Maryellen Chomsky, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., New York City, on the brief), for defendants-appellees.

Before NEWMAN, KEARSE, and CARDAMONE, Circuit Judges.

PER CURIAM:

This is an appeal by New York State prisoners from a judgment of the District Court for the Southern District of New York (Leonard B. Sand, Judge) granting summary judgment in favor of New York corrections officials in the prisoners' suit challenging the reliability of urinalysis drug test results for use as evidence sufficient to warrant prison discipline. The tests are performed by State officials using the Syva Company's EMIT-st urinalysis drug detection...

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