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MATTER OF FILBERT v. GOORD

267 A.D.2d 536 (1999)

699 N.Y.S.2d 748

In the Matter of DOMINIC FILBERT, 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 December 2, 1999.

The misbehavior report and urinalysis test results indicating the presence of opiates, together with the testimony at the hearing, provide substantial evidence to support the determination finding petitioner, a prison inmate, guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance (see, Matter of Kreel v Goord, 249 A.D.2d 600, lv denied 92 N.Y.2d 807). The conflicting...

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