MATTER OF PETERSON v. GOORD


268 A.D.2d 739 (2000)

701 N.Y.S.2d 488

In the Matter of DALE PETERSON, Petitioner, v. GLENN S. GOORD, as Commissioner 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, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after two EMIT urinalysis tests resulted in positive readings for cannabinoids. In this CPLR article 78 proceeding to review that determination, petitioner claims only that the failure to refrigerate his urine sample prior to testing violated respondents' procedure. Refrigeration is required only if the sample is not tested ...

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