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MATTER OF SMART v. GOORD

266 A.D.2d 606 (1999)

698 N.Y.S.2d 64

In the Matter of DE SHAWN SMART, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, et al., Respondents.

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

Decided November 4, 1999.

Peters, J.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after two tests performed on a urine sample submitted by petitioner following a family reunion visit tested positive for the presence of cannabinoids. In our view, the misbehavior report, combined with the urinalysis packet and the testimony adduced at the hearing, constitute substantial evidence supporting

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