IN THE MATTER OF DEBOUE v. GOORD


5 A.D.3d 827 (2004)

772 N.Y.S.2d 618

In the Matter of DARRYL DEBOUE, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

March 4, 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 opiates. We reject petitioner's sole contention on appeal that an alleged defect in the chain of custody requires annulment of the determination. In accordance with 7 NYCRR 1020.4 (d) (5), the correction officer who...

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