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MATTER OF MITCHELL v. GOORD

272 A.D.2d 696 (2000)

708 N.Y.S.2d 905

In the Matter of CHARLES MITCHELL, 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 May 11, 2000.

Petitioner, a prison inmate, was found guilty of using a controlled substance after two tests on petitioner's urine yielded positive results for the presence of opiates. Contrary to petitioner's contention, the misbehavior report, positive test results and testimony presented at the hearing provide substantial evidence of petitioner's guilt (see, Matter of Aviles v Selsky, 264 A.D.2d 883). Furthermore, given the testimony of the...

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