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MATTER OF MOLEY v. COUGHLIN

188 A.D.2d 472 (1992)

In the Matter of James Moley, 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, Second Department.

December 7, 1992

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner tested positive for marihuana use after his urine specimen was subjected to two Syva Emit-st Drug Detection System Tests (hereinafter EMIT tests). He was served with a misbehavior report, and, after a disciplinary hearing, was found guilty as charged. On appeal, the petitioner contends that procedural errors denied him a fair hearing...

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