MATTER OF RIVERA v. GOORD


306 A.D.2d 774 (2003)

761 N.Y.S.2d 541

In the Matter of CARLOS RIVERA, 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 June 26, 2003.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of controlled substances. Although the misbehavior report and the testimony of the correction officer who tested petitioner's urine stated that it twice tested positive for the presence of cannabinoids, which could support a guilty finding with proper supporting documentation (see Matter of Schnittker v Selsky, ...

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