MATTER OF HERNANDEZ v. SELSKY


206 A.D.2d 656 (1994)

614 N.Y.S.2d 939

In the Matter of Roberto Hernandez, Petitioner, v. Donald Selsky, as Director of The Special Housing/Inmate Disciplinary Program, et al., Respondents

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

July 14, 1994


Petitioner was found guilty after a Superintendent's hearing of violating a State-wide rule prohibiting the use or possession of a controlled substance based upon drug tests which were positive for cannabinoid. These test results provide substantial evidence to support the determination. Further, we find petitioner's contentions that proper drug-testing procedures were not followed unpersuasive. The record establishes a sufficient chain of custody of the urine samples taken...

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