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MATTER OF LOPEZ v. GOORD

242 A.D.2d 816 (1997)

661 N.Y.S.2d 1026

In the Matter of Alberto Lopez, Petitioner, v. Glenn Goord, as Commissioner of The Department of Correctional Services, Respondent

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

September 11, 1997

The positive urinalysis test results, confirmed by a second test, together with the misbehavior report and the testimony of the correction officer who performed the test, constitute substantial evidence to support the determination that petitioner violated the prison disciplinary rule prohibiting the unauthorized use of controlled substances (see, Matter of Lahey v Kelly, 71 N.Y.2d 135). We find no error in the Hearing Officer...

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