MATTER OF McMILLAN v. GOORD


289 A.D.2d 757 (2001)

733 N.Y.S.2d 922

In the Matter of JOHN McMILLAN, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided December 13, 2001.


Petitioner was the subject of two misbehavior reports, each of which charged him with violating the prison disciplinary rule prohibiting the unauthorized use of controlled substances or narcotics. Substantial evidence of petitioner's guilt of the charged misconduct was presented at two separate disciplinary hearings in the form of the misbehavior reports and the documentation of the positive urinalysis test results. Also there was testimony at the first hearing by the correction...

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