MATTER OF SAIF'UL'BAIT v. GOORD


15 A.D.3d 703 (2005)

788 N.Y.S.2d 712

In the Matter of YAACEF SAIF'UL'BAIT, Respondent v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Appellants.

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

February 3, 2005.


Spain, J.

After his urine sample twice tested positive for the presence of opiates, petitioner was charged with violating the prison disciplinary rule prohibiting the unauthorized use of controlled substances. He was found guilty of that charge following a tier III disciplinary hearing, and the determination was upheld on administrative appeal. Petitioner subsequently commenced a CPLR article 78 proceeding in Supreme Court, which — concluding that the introduction...

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