MATTER OF GIRALDI v. SELSKY


253 A.D.2d 933 (1998)

678 N.Y.S.2d 303

In the Matter of Neal Giraldi, Petitioner, v. Donald Selsky, as Director-Inmate Disciplinary, Respondent

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

September 10, 1998


Following a tier III hearing at which petitioner apparently refused to speak, he was found guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance. Contrary to petitioner's contention, the misbehavior report together with the calibration slips from the urinalysis tests indicating the presence of cannabinoids provide substantial evidence to support the determination of guilt (see, Matter of Kreel v Goord

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