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MATTER OF PEREZ v. COOMBE

226 A.D.2d 1131 (1996)

642 N.Y.S.2d 127

In the Matter of Larry Perez, Petitioner, v. Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent

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

April 19, 1996

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

We confirm the determination of respondent that petitioner violated inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]), which prohibits the use of a controlled substance. The positive result of an EMIT test, when confirmed, as here, by the result of a second EMIT test, constitutes substantial evidence to support that determination (see, Matter of Lahey v Kelly

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