IN THE MATTER OF CRUZ v. GOORD


28 A.D.3d 983 (2006)

813 N.Y.S.2d 266

In the Matter of JOSEPH CRUZ, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

April 20, 2006.


Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of opiates. He was found guilty following a tier III hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We are unpersuaded by petitioner's contention that there is an insufficient basis for the reliance on the positive test results because the chain of custody section...

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