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MATTER OF TAVOLINO v. HERBERT

206 A.D.2d 949 (1994)

615 N.Y.S.2d 189

In the Matter of Joseph Tavolino, Petitioner, v. Victor Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents

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

July 15, 1994

Determination unanimously confirmed and petition dismissed.

Memorandum:

The misbehavior report, which alleged that two successive urine tests performed by different officers on a sample of petitioner's urine were positive for the presence of Benzodiazepine, a controlled substance, constituted substantial evidence to support the Hearing Officer's determination that petitioner violated the inmate rule prohibiting the use of a controlled substance (see

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