IN THE MATTER OF LOPEZ v. SELSKY


5 A.D.3d 897 (2004)

772 N.Y.S.2d 884

In the Matter of FERNANDO LOPEZ, 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.

March 11, 2004.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance. His urine sample tested positive for opiates on both an initial and confirmatory test. The record discloses an adequate chain of custody and that appropriate testing procedures were followed (see Matter of Torres v Goord,

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