MATTER OF MITCHELL v. SELSKY


252 A.D.2d 639 (1998)

675 N.Y.S.2d 197

In the Matter of Marcus Mitchell, Petitioner, v. Donald Selsky, as Department of Correctional Services Director of Inmate Disciplinary Programs, Respondent

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

July 2, 1998


Substantial evidence supports the determination of respondent finding petitioner, a prison inmate, guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance. The misbehavior report, together with the positive results of two urinalysis tests indicating the presence of cannabinoids and the testimony of the correction officer who authored the misbehavior report and performed one

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