MATTER OF DANIELS v. GOORD


38 A.D.3d 1073 (2007)

832 N.Y.S.2d 318

In the Matter of JOHN DANIELS, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided March 15, 2007.


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

Initially, petitioner claims that the request for urinalysis test form did not properly establish the chain of custody because it failed to set...

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