MATTER OF SMITH v. COUGHLIN


191 A.D.2d 783 (1993)

594 N.Y.S.2d 95

In the Matter of Timothy Smith, 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.

March 4, 1993


Petitioner was found guilty after a Superintendent's hearing of violating disciplinary rule 113.12 prohibiting the use or possession of a controlled substance based upon statements in a misbehavior report, testimony at the hearing and drug tests which were positive for both opiates and cocaine. Petitioner contends that the determination is not supported by substantial evidence because his consumption of poppy seeds — assertedly contained in a frozen pizza —...

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