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IN THE MATTER OF SABATER v. SELSKY

4 A.D.3d 705 (2004)

772 N.Y.S.2d 733

In the Matter of CARLOS SABATER, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

February 26, 2004.

Petitioner was found guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance after his urine twice tested positive for the presence of cannabinoids. We are unpersuaded by petitioner's contention that the misbehavior report did not comply with 7 NYCRR 251-3.1 because the reporting correction officer failed to write the word "cannabinoids" when indicating the results of the second test. Although the description of the...

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