MATTER OF DEVIVO v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


306 A.D.2d 600 (2003)

759 N.Y.S.2d 709

In the Matter of ANTHONY A. DEVIVO, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided June 5, 2003.


Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine twice tested positive for the presence of opiates. We reject petitioner's assertion that the misbehavior report was defective because the correction officer who collected his urine did not endorse the misbehavior report. The incident of misconduct arose from the positive results of...

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