MATTER OF MOORE v. BUZZETTI


249 A.D.2d 721 (1998)

671 N.Y.S.2d 823

In the Matter of Isham Moore, Petitioner, v. P.S. Buzzetti, as Hearing Officer, et al., Respondents

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

April 16, 1998


Peters, J.

On September 13, 1996, a correction officer at Elmira Correctional Facility in Chemung County detected a heavy odor of marihuana emanating from the cell where petitioner was keeplocked as the result of a prior disciplinary determination whereby petitioner pleaded guilty to using a controlled substance approximately 12 days earlier. As a result, petitioner submitted a urine sample that was subject to two EMIT tests. The testing equipment was...

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