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MATTER OF DELVALLE v. COUGHLIN

188 A.D.2d 812 (1992)

In the Matter of Ray Delvalle, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Respondent

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

December 10, 1992

Initially, we reject petitioner's contention that the Hearing Officer was required to assess the reliability of the confidential informant who told correction authorities that petitioner had used drugs. The positive results of two drug tests provide substantial evidence to support the determination of petitioner's guilt of using a controlled substance (see, Matter of Lahey v Kelly, 71 N.Y.2d 135). Because the confidential...

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