MATTER OF ROMAN v. SELSKY


253 A.D.2d 975 (1998)

679 N.Y.S.2d 426

In the Matter of Jose Roman, Petitioner, v. Donald Selsky, as Director of Special Housing Department of Correctional Services, et al., Respondents

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

September 17, 1998


Petitioner was found guilty of violating the prison disciplinary rule which prohibits inmates from using unauthorized controlled substances after two urinalysis tests yielded positive results for the presence of opiates. Contrary to petitioner's contention, the record establishes that Correction Officer Sean Barber, who authored the misbehavior report, was certified to perform the urinalysis tests and followed appropriate testing procedures. Furthermore, in view of Barber...

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