MATTER OF PERKINS v. GOORD


308 A.D.2d 617 (2003)

764 N.Y.S.2d 362

In the Matter of DEREK PERKINS, Appellant, 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 September 11, 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. Supreme Court dismissed petitioner's subsequent application pursuant to CPLR article 78 challenging the determination. Petitioner appeals.

Because petitioner's application raises an issue of substantial evidence, this proceeding should have been transferred to this Court pursuant...

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