MATTER OF ACOSTA v. BENNETT


273 A.D.2d 678 (2000)

711 N.Y.S.2d 342

In the Matter of EDWARDO ACOSTA, Petitioner, v. FLOYD G. BENNETT, as Superintendent of Elmira Correctional Facility, et al., Respondents.

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

Decided June 22, 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. The misbehavior report, together with the positive results of two urinalysis tests and the testimony of the correction officer who authored the misbehavior report, amply support the determination of petitioner's guilt (see, Matter of Mercado v Selsky,

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