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IN THE MATTER OF MOLINA v. SELSKY

21 A.D.3d 1238 (2005)

801 N.Y.S.2d 425

In the Matter of JUAN MOLINA, 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.

September 29, 2005.

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 are unpersuaded by petitioner's contention that the integrity of the urine sample was compromised. The testimony of the correction officer who obtained the urine sample from petitioner and the request for...

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