MATTER OF PASSON v. GOORD


301 A.D.2d 977 (2003)

753 N.Y.S.2d 406

In the Matter of THOMAS PASSON, 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 30, 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 opiates. Substantial evidence of petitioner's guilt of the charged misconduct was presented in the form of the misbehavior report authored by the correction officer who conducted the urinalysis tests, the hearing testimony of the officer who collected the specimen and attested to its unbroken...

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