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MATTER OF SELBY v. COOMBE

249 A.D.2d 597 (1998)

670 N.Y.S.2d 637

In the Matter of Maurice Selby, Petitioner, v. Philip Coombe, Jr., as Commissioner of The Department of Correctional Services of New York, et al., Respondents

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

April 2, 1998

Petitioner, a State prison inmate, was found guilty of the unauthorized use of a controlled substance in violation of prison disciplinary rules after his urine tested positive for the presence of cannabinoids. Although the positive test result, confirmed by a second test, is alone sufficient to constitute substantial evidence to support the determination (see, Matter of Lahey v Kelly, 71 N.Y.2d 135, 143), petitioner attempts...

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