MATTER OF MONTALALOU v. COOMBE


242 A.D.2d 917 (1997)

662 N.Y.S.2d 335

In the Matter of Fritz Montalalou, Appellant, 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.

September 30, 1997


Judgment unanimously affirmed without costs.

Memorandum:

Petitioner appeals from a judgment dismissing his CPLR article 78 petition that challenged a determination finding him guilty of violating inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii] [use of a controlled substance]). The determination was based on a misbehavior report that stated that a urine sample provided by petitioner tested positive for cannabinoids. That test complied with the EMIT procedures...

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