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MATTER OF RIVERA v. GOORD

258 A.D.2d 909 (1999)

685 N.Y.S.2d 548

In the Matter of ROBERTO RIVERA, Appellant, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent.

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

Decided February 10, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

Petitioner contends that the determination finding him guilty of using a controlled substance should have been annulled because the same correction officer performed the two EMIT tests. We disagree. Both tests were properly performed by the same correction officer because a different trained individual was not available (see, 7 NYCRR 1020.4 [e] [1] [former (iv)]; cf., Matter of Simpkins v Riley...

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