Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of using a controlled substance after his urine sample twice tested positive for marihuana. Contrary to petitioner's contention, the two positive urinalysis test results and the testimony of the correction officer who conducted the tests in accordance with proper procedures constitutes substantial evidence of petitioner's guilt (see, Matter of Byas v Goord,
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MATTER OF MENA v. GOORD
278 A.D.2d 719 (2000)
718 N.Y.S.2d 119
In the Matter of LUIS MENA, Petitioner, v. GLENN GOORD, as Commissioner of the Department of Correctional Services, et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
Decided December 21, 2000.
Decided December 21, 2000.
Appellate Division of the Supreme Court of the State of New York, Third Department.
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