MATTER OF LUGO v. COUGHLIN


224 A.D.2d 896 (1996)

638 N.Y.S.2d 928

In the Matter of Peter Lugo, Petitioner, v. Thomas Coughlin, as Commissioner of The Department of Correctional Services, et al., Respondents

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

February 29, 1996


Petitioner was found guilty of violating prison disciplinary rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]) prohibiting inmates from using controlled substances.

Petitioner's sole contention in this proceeding is that the positive test results could be attributable to his ingestion of cold medication given to him by other inmates. No further evidence was presented by him to buttress this contention. The Hearing Officer determined that petitioner violated prison disciplinary...

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