MATTER OF RIZZO v. GOORD


301 A.D.2d 769 (2003)

753 N.Y.S.2d 392

In the Matter of JAMES RIZZO, 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 January 9, 2003.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of controlled substances after his urine twice tested positive for the presence of marihuana. Substantial evidence of petitioner's guilt was presented in the form of the misbehavior report, the testimony of the correction officer who prepared the report after conducting the urinalysis tests, and the positive test results with supporting documentation (see Matter of Jude...

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