MATTER OF RODRIGUEZ v. COOMBE


249 A.D.2d 655 (1998)

671 N.Y.S.2d 195

In the Matter of Pablo Rodriguez, Petitioner, v. Philip Coombe, Jr., as Commissioner of The State of New York Department of Correctional Services, Respondent

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

April 9, 1998


Following a hearing, petitioner, a prison inmate, was found guilty of using a controlled substance in violation of prison disciplinary rules. The misbehavior report, the results of two urinalysis tests and the testimony of the certified ETS operator who performed these tests established that petitioner's urine tested positive for the presence of opiates, thereby providing substantial evidence to support the finding of guilt (see, Matter of Lopez v Goord,

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