MATTER OF JOHNSON v. GOORD


268 A.D.2d 732 (2000)

702 N.Y.S.2d 188

In the Matter of DERRICK JOHNSON, Appellant, 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 January 13, 2000.


Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after two EMIT tests performed on petitioner's urine sample yielded positive results for the presence of cannabinoids. The determination of guilt was upheld on administrative appeal and petitioner commenced this CPLR article 78 proceeding alleging various procedural challenges, which Supreme Court dismissed on the merits.

We affirm. Contrary...

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