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MATTER OF MARTIN v. COUGHLIN

193 A.D.2d 989 (1993)

598 N.Y.S.2d 370

In the Matter of Reginald Martin, Petitioner, v. Thomas A. Coughlin, as Commissioner of Correctional Services of the State of New York, et al., Respondents

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

May 20, 1993

Following a tier III disciplinary hearing, petitioner, an inmate at Elmira Correctional Facility in Chemung County, was found guilty of violating State-wide rule 113.12 (see, 7 NYCRR 270.2 [B] [14] [iii]) prohibiting the use of controlled substances. Two EMIT drug tests proved positive for the presence of cannabinoids in a sample of petitioner's urine taken as part of a random urinalysis testing at the facility (see, 7 NYCRR 1020.4 [a] [3]). Upon administrative...

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