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MATTER OF RIVERA v. SELSKY

253 A.D.2d 962 (1998)

678 N.Y.S.2d 312

In the Matter of Gilbert Rivera, Petitioner, v. Donald Selsky, as Director of Special Housing, et al., Respondents

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

September 17, 1998

After his urine tested positive for the presence of opiates, petitioner, a prison inmate, was found guilty of, inter alia, violating the prison disciplinary rule that prohibits inmates from using a controlled substance. He thereafter commenced this CPLR article 78 proceeding contending that the determination is not supported by substantial evidence because the urinalysis tests and the chain of custody of his urine sample...

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