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MATTER OF ROWE v. GOORD

289 A.D.2d 764 (2001)

734 N.Y.S.2d 329

In the Matter of RUBEN ROWE, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondent.

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

Decided December 13, 2001.

Carpinello, J.

When petitioner's urine sample twice tested positive for the presence of cannabinoids, he was charged with violating the prison disciplinary rule which prohibits drug use. At a tier III hearing on the charge, petitioner claimed that the medications he was taking caused false positive test results. The Hearing Officer called a facility nurse, who confirmed the medications taken by petitioner, and a technical specialist from the

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