Petitioner was found guilty of violating the prison disciplinary rule prohibiting the use of controlled substances after a sample of his urine twice tested positive for the presence of opiates. 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 drug use (
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MATTER OF UTTINGER v. GOORD
284 A.D.2d 826 (2001)
728 N.Y.S.2d 244
In the Matter of ANTHONY UTTINGER, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
Decided June 28, 2001.
Decided June 28, 2001.
Appellate Division of the Supreme Court of the State of New York, Third Department.
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