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MATTER OF BROWN v. SELSKY

38 A.D.3d 657 (2007)

831 N.Y.S.2d 522

In the Matter of CARNELL BROWN, Petitioner, v. DONALD SELSKY, Respondent.

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

Decided March 13, 2007.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner's contention, the misbehavior report, the positive test results for cannabinoids, and the hearing testimony that the petitioner's medication did not cause a false positive result, constituted substantial evidence of guilt (see Matter of Rincon v Selsky, 28 A.D.3d 565...

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