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MATTER OF RIVERA v. GOORD

258 A.D.2d 858 (1999)

687 N.Y.S.2d 183

In the Matter of JOSE RIVERA, Petitioner, v. GLENN GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided February 25, 1999.

After the results of two urinalysis tests indicated the presence of opiates, petitioner, a prison inmate, was charged with and found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances. The misbehavior report and positive results of the urinalysis tests, together with the testimony of a technician from the company that manufactures the testing apparatus verifying that the medications that petitioner was taking at the time...

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