MATTER OF SPULKA v. SELSKY


308 A.D.2d 650 (2003)

764 N.Y.S.2d 372

In the Matter of KENNETH SPULKA, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided September 18, 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 in the form of the misbehavior report, authored by the correction officer who collected petitioner's urine specimen, conducted the urinalysis tests and submitted the positive test results with their supporting documentation...

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