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MATTER OF JUZWA v. GOORD

264 A.D.2d 920 (1999)

695 N.Y.S.2d 627

In the Matter of JOHN JUZWA, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, Respondent.

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

Decided September 23, 1999.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing narcotics after a substance secreted inside petitioner's pen tested positive for barbiturates. In our view, the misbehavior report, combined with the testimony adduced at the hearing, constitute substantial evidence supporting the charge of drug use (see, Matter of Kussius v Walker, 247 A.D.2d 911...

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