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MATTER OF O'REILLY v. GOORD

270 A.D.2d 858 (2000)

706 N.Y.S.2d 652

In the Matter of MICHAEL O'REILLY, Petitioner, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent.

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

Decided March 29, 2000.

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner was found guilty after a Tier III hearing of possessing an alcoholic beverage in violation of inmate rule 113.13 (7 NYCRR 270.2 [B] [14] [iv]). Contrary to petitioner's contention, the determination is supported by substantial evidence. "The nature of alcoholic beverages is a matter of common knowledge and, therefore, scientific testing is not required" (Matter...

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