MATTER OF TINGUE v. McCOY


299 A.D.2d 779 (2002)

749 N.Y.S.2d 749

In the Matter of DANIEL TINGUE, Petitioner, v. JOSEPH McCOY, as Superintendent of Cayuga Correctional Facility, et al., Respondents.

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

Decided November 27, 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 cannabinoids. Substantial evidence of petitioner's guilt was presented in the form of the misbehavior report, the positive test results with supporting documentation, and the testimony given by the correction officer who conducted the laboratory

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