MATTER OF KUSSIUS v. WALKER


247 A.D.2d 911 (1998)

668 N.Y.S.2d 784

In the Matter of James T. Kussius, Petitioner, v. Hans Walker, as Superintendent of Auburn Correctional Facility, Respondent

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

February 4, 1998


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

In this CPLR article 78 proceeding, petitioner challenges a prison disciplinary determination finding him guilty of drug use and failure to comply with Family Reunion Program guidelines. The charges were based on the positive results of two EMIT tests. Petitioner contends that proper drug testing procedures were not followed; that there are irregularities and alterations...

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