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IN THE MATTER OF DUNN v. SELSKY

7 A.D.3d 938 (2004)

776 N.Y.S.2d 526

In the Matter of JAMES DUNN, 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.

May 20, 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. Contrary to petitioner's assertion, the chain of custody and the testimony from the correction officer who performed the tests confirms that petitioner's urine sample was properly secured and that all appropriate...

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