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MATTER OF HOLMES v. COUGHLIN

182 A.D.2d 1121 (1992)

In the Matter of Carl Holmes, Petitioner, v. Thomas A. Coughlin, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

April 24, 1992

Determination unanimously confirmed and petition dismissed.

Memorandum:

Although the literature concerning the Syva EMIT Drug Detection System Test (EMIT test) was revised by the manufacturer in 1989 to advise that "[a] more specific alternative chemical method must be used to obtain a confirmed analytical result", the manufacturer nonetheless continues to assert that the EMIT test remains scientifically valid...

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