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MATTER OF CAMARANO v. SELSKY

260 A.D.2d 879 (1999)

691 N.Y.S.2d 188

In the Matter of ROBERT CAMARANO, Petitioner, v. DONALD SELSKY, as Director of Special Housing Inmate Disciplinary Program, Respondent.

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

Decided April 22, 1999.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from the unauthorized use of a controlled substance after two urinalysis tests yielded positive results for the presence of opiates. Petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt.

As the determination is not supported by substantial evidence it must be annulled...

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