MATTER OF SMITH v. GOORD


269 A.D.2d 650 (2000)

703 N.Y.S.2d 811

In the Matter of BERNARD SMITH, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

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

Decided February 3, 2000.


Petitioner, a prison inmate, was found guilty of using a controlled substance in violation of a prison disciplinary rule after petitioner's urine specimen twice tested positive for the presence of cannabinoids. In light of the two positive test results and the correctional facility nurse's testimony that petitioner's medications could not have caused a false positive test, substantial evidence supports the determination of petitioner's guilt (see, Matter of Aviles v Selsky...

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