MATTER OF MERCADO v. SELSKY


270 A.D.2d 550 (2000)

703 N.Y.S.2d 762

In the Matter of FRANCISCO MERCADO, Petitioner, v. DONALD SELSKY, as Director of Special Housing/Inmate Disciplinary Programs, et al., Respondents.

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

Decided March 2, 2000.


After two tests performed on petitioner's urine sample yielded positive results for the presence of opiates, petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances. Contrary to petitioner's contention, the misbehavior report, the positive results of the urinalysis tests and testimony from the correction officer who obtained the specimen constitute substantial evidence supporting the charge of drug use...

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