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MATTER OF RUSSO v. SELSKY

249 A.D.2d 738 (1998)

671 N.Y.S.2d 787

In the Matter of Mario Russo, Petitioner, v. Donald Selsky, as Director of Special Housing Unit for Department of Correctional Services, et al., Respondents

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

April 16, 1998

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging an administrative determination finding him guilty of using a controlled substance. Based upon our review of the record, we find that the two positive test results indicating the presence of opiates, together with the misbehavior report and the testimony of the correction officer who performed the tests, provide substantial evidence supporting the...

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