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MATTER OF RODRIGUEZ v. NEW YORK CITY DEPARTMENT OF CORRECTION

290 A.D.2d 253 (2002)

735 N.Y.S.2d 763

In the Matter of JUAN RODRIGUEZ, Petitioner, v. NEW YORK CITY DEPARTMENT OF CORRECTION et al., Respondents.

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

Decided January 8, 2002.

Petitioner's argument that substantial evidence is lacking to support the hearing officer's finding that petitioner possessed heroin because the NIK drug test results relied upon by the hearing officer were received without a proper foundation is unavailing. Petitioner makes no claim that he timely objected to the admission of the NIK test results at the disciplinary hearing. We note, in any case, that NIK test results have been recognized by courts as facially competent...

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