MATTER OF MONTALBO v. SELSKY


301 A.D.2d 933 (2003)

752 N.Y.S.2d 920

In the Matter of JAVIER MONTALBO, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Program, Respondent.

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

Decided January 23, 2003.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from the unauthorized use of controlled substances after his urine twice tested positive for the presence of opiates. Substantial evidence of petitioner's guilt was presented at his disciplinary hearing in the form of the misbehavior report, written by the correction officer who conducted the urinalysis testing, together with the positive laboratory test results and their supporting...

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