MATTER OF DE MARCO v. SELSKY


288 A.D.2d 584 (2001)

732 N.Y.S.2d 597

In the Matter of JAMES DE MARCO, Petitioner, v. DONALD SELSKY, as Director of New York State Department of Correctional Services, Special Housing Unit and Disciplinary Programs, Respondent.

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

Decided November 8, 2001.


Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after the results of two urinalysis tests were positive for the presence of cannabinoids. The positive test results along with the misbehavior report and the hearing testimony constitute substantial evidence supporting the determination of petitioner's guilt (see, Matter of Irby v Selsky,

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