MATTER OF RIVERA v. GOORD


261 A.D.2d 754 (1999)

691 N.Y.S.2d 207

In the Matter of FRANCISCO RIVERA, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, Respondent.

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

Decided May 13, 1999.


Spain, J.

Petitioner, a prison inmate, was charged with violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances as the result of two urinalysis tests which registered positive readings for the presence of opiates. Petitioner challenges the determination of his guilt, asserting, inter alia, that it was not based upon substantial evidence. We disagree.

Included in the evidence presented against petitioner at...

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