MATTER OF HERRING v. GOORD


300 A.D.2d 724 (2002)

750 N.Y.S.2d 373

In the Matter of MELVIN HERRING, 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 5, 2002.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of a controlled substance after his urine twice tested positive for the presence of opiates. Substantial evidence was presented to support the determination in the form of the detailed misbehavior report, the positive urinalysis test results with related documentation and the testimony of the three correction officers who were involved in the collection, storage and testing...

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