MATTER OF GASBARA v. SELSKY


268 A.D.2d 732 (2000)

702 N.Y.S.2d 157

In the Matter of MATTHEW J. GASBARA, Petitioner, v. DONALD SELSKY, as Director of Special Housing/Inmate Disciplinary Program, Respondent.

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

Decided January 13, 2000.


Graffeo, J.

Petitioner, an inmate, was found guilty of using a controlled substance in violation of a prison disciplinary rule after two urinalysis tests performed on his urine sample yielded positive results for the presence of opiates. He thereafter commenced this CPLR article 78 proceeding challenging the determination of his guilt and the matter was transferred to this Court.

We confirm. Petitioner primarily contends that the determination is not supported...

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