MATTER OF BARNWELL v. GOORD


268 A.D.2d 725 (2000)

701 N.Y.S.2d 501

In the Matter of ANTHONY BARNWELL, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided January 13, 2000.


Graffeo, J.

After two urinalysis tests performed on his urine sample yielded positive results for the presence of opiates, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances. Thereafter, petitioner commenced this CPLR article 78 proceeding challenging the determination on procedural and substantial evidence grounds. Supreme Court dismissed the petition and this appeal ensued...

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