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MATTER OF AVILES v. SELSKY

264 A.D.2d 883 (1999)

696 N.Y.S.2d 87

In the Matter of THOMAS AVILES, Petitioner, v. DONALD SELSKY, as Director of Inmate Standards and Behavior, Department of Correctional Services, Respondent.

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

Decided September 16, 1999.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after two EMIT urinalysis tests resulted in positive readings for the presence of cannabinoids. Challenging the determination, petitioner claims that the positive test results were caused by a prescription medication that he was taking at the time his urine was tested. However, the...

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