MATTER OF JACKSON v. PORTUONDO


281 A.D.2d 740 (2001)

721 N.Y.S.2d 575

In the Matter of NATHANIEL JACKSON, Petitioner, v. LEONARD PORTUONDO, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

Decided March 8, 2001.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from using controlled substances after a sample of his urine twice tested positive for the presence of cannabinoids. To the extent that petitioner raises a substantial evidence issue herein, we find that the misbehavior report, together with the positive results of the urinalysis tests and the testimony adduced at the hearing, constitute substantial evidence to support the charge of...

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