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IN THE MATTER OF COOPER v. SELSKY

9 A.D.3d 763 (2004)

779 N.Y.S.2d 855

In the Matter of BERNARD COOPER, 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.

July 22, 2004.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him 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 cannabinoids. The misbehavior report, positive test results and supporting documentation provide substantial evidence to support the determination of guilt (see Matter of Dunn v Selsky, 7 A...

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