MATTER OF NONNI v. GOORD


245 A.D.2d 948 (1997)

666 N.Y.S.2d 861

In the Matter of Mark Nonni, Petitioner, v. Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents

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

December 24, 1997


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after two urinalysis tests resulted in positive readings for the presence of opiates. Petitioner challenges the determination of his guilt on the ground that it was not supported by substantial evidence. We disagree. Included in the evidence presented at petitioner's disciplinary hearing was the misbehavior report, the positive...

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