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MATTER OF CIOTOLI v. GOORD

256 A.D.2d 1192 (1998)

683 N.Y.S.2d 683

In the Matter of CHRISTOPHER CIOTOLI, Petitioner, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent.

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

Decided December 31, 1998.

Determination unanimously confirmed without costs and amended petition dismissed.

Memorandum:

The positive result of the EMIT test, which was confirmed with the result of a second EMIT test, constitutes substantial evidence to support the determination that petitioner violated inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii] [use of a controlled substance]) (see, Matter of Lahey v Kelly, 71 N.Y.2d 135, 138; Matter...

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