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MATTER OF LORINO v. MURPHY

309 A.D.2d 1037 (2003)

766 N.Y.S.2d 131

In the Matter of EUGENE LORINO, Petitioner, v. ROBERT J. MURPHY, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided October 23, 2003.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after two urinalysis tests produced positive results for opiates. Initially, we note that by failing to raise any objection at the hearing, petitioner failed to preserve for our review his challenge to the introduction into evidence of the drug test results (see Matter...

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