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MATTER OF RASHID v. COOMBE

239 A.D.2d 954 (1997)

661 N.Y.S.2d 816

In the Matter of Umar Rashid, 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.

May 30, 1997

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

The determination that petitioner violated inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]) by possessing an opiate is supported by substantial evidence (see, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139). Although the SYVA test manual indicates that an ingredient in the cough syrup medication taken by petitioner "could...

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