MATTER OF COLLINS v. GOORD


40 A.D.3d 1329 (2007)

836 N.Y.S.2d 733

In the Matter of JUNIOR COLLINS, 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 May 24, 2007.


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 cannabinoids. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Initially, petitioner contends that the urine tested was not his as he gave his specimen on November 23, 2005 while...

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