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IN THE MATTER OF VELEZ v. SELSKY

6 A.D.3d 783 (2004)

773 N.Y.S.2d 626

In the Matter of LUIS VELEZ, 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.

April 1, 2004.

The misbehavior report, positive urinalysis test results indicating the presence of opiates and testimony at the hearing provide substantial evidence to support the determination finding petitioner guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance (see Matter of Willingham v Goord, 296 A.D.2d 792 [2002]). Contrary to petitioner's assertion, the failure to include petitioner...

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