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MATTER OF RIVERA v. GOORD

276 A.D.2d 991 (2000)

715 N.Y.S.2d 914

In the Matter of ANDRE RIVERA, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided October 26, 2000.

Petitioner commenced this CPLR article 78 proceeding challenging the determination finding him guilty of violating the prison disciplinary rule prohibiting the unauthorized use of a controlled substance. Contrary to petitioner's assertion, the misbehavior report and testimony adduced at the hearing, together with the positive results of two urinalysis tests indicating the presence of opiates, provide substantial evidence to support...

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