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MATTER OF STRUBLE v. GOORD

268 A.D.2d 845 (2000)

700 N.Y.S.2d 871

In the Matter of MAX STRUBLE, Petitioner, v. GLENN 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 20, 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 and opiates. In our view, the misbehavior report combined with the testimony from the correction officer who tested the sample, constitute substantial evidence supporting the charge of drug...

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