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Matter of Camarano v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Apr 22, 1999
260 A.D.2d 879 (N.Y. App. Div. 1999)

Opinion

April 22, 1999


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from the unauthorized use of a controlled substance after two urinalysis tests yielded positive results for the presence of opiates. Petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt.

As the determination is not supported by substantial evidence it must be annulled. While positive results of urinalysis tests can be sufficient to support a finding of guilt to the instant charge, an adequate foundation for the introduction of the test results must be provided (see, 7 NYCRR 1020.5 [a] [1]; Matter of Davis v. McClellan, 202 A.D.2d 770, 770-771). Here, the urinalysis request form fails to set forth the chain of custody of petitioner's urine sample and indicates only when the specimen was destroyed. Moreover, there is a discrepancy between the retest number indicated on the request for urinalysis form as compared to the urinalysis log. Under these circumstances, we find that there is an insufficient foundation for the introduction of the urinalysis test results. In view of the foregoing, we need not address petitioner's remaining contentions.

Mikoll, J. P., Yesawich Jr., Peters and Graffeo, JJ., concur.

Adjudged that the determination is annulled, without costs, petition granted and respondent is directed to expunge all references to this matter from petitioner's institutional record.


Summaries of

Matter of Camarano v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Apr 22, 1999
260 A.D.2d 879 (N.Y. App. Div. 1999)
Case details for

Matter of Camarano v. Selsky

Case Details

Full title:In the Matter of ROBERT CAMARANO, Petitioner, v. DONALD SELSKY, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 22, 1999

Citations

260 A.D.2d 879 (N.Y. App. Div. 1999)
691 N.Y.S.2d 188

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