MATTER OF RUSSO v. GOORD


264 A.D.2d 889 (1999)

696 N.Y.S.2d 88

In the Matter of MARIO RUSSO, Petitioner, v. GLENN S. 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 September 16, 1999.


Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after two tests performed on petitioner's urine sample taken after a family reunion visit yielded positive results for the presence of opiates. Petitioner maintained that the positive urinalysis test results were false, in that they were caused by alleged ingestion of food containing poppy seeds. Contrary to petitioner's contention, the misbehavior...

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