Opinion
June 24, 1999
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Charles Foust, Albion, petitioner in person.
Eliot Spitzer, Attorney-General (Nancy A. Spiegel of counsel), Albany, for respondent.
Before: CARDONA, P.J., MIKOLL, MERCURE, CREW III and PETERS, JJ.
MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after two EMIT tests performed on petitioner's urine sample yielded positive results for the presence of cannabinoids.
Contrary to petitioner's contention, the misbehavior report, which we conclude was sufficient to apprise petitioner of the charge against him (see, Matter of Faison v. Senkowski, 255 A.D.2d 625, 679 N.Y.S.2d 480, appeal dismissed 93 N.Y.2d 847), and the positive results of the uranalysis tests, constitute substantial evidence supporting the charge of drug use (see, Matter of Kussius v. Walker, 247 A.D.2d 911, 912). Petitioner received sufficient documentation to mount a defense and a proper foundation was laid for respondents' reliance on the positive test results. Any minor clerical errors on the forms were sufficiently explained during the hearing (see, Matter of Frazier v. Goord, 251 A.D.2d 800, lv denied 92 N.Y.2d 813). We have examined petitioner's remaining arguments, including his claim that his due process rights were infringed due to the denial of his request for a copy of the SYVA ETS operation manual (see, Matter of Kussius v. Walker, supra, at 912; see also, Matter of Wiggins v. Coombe, 232 A.D.2d 700, 701,appeal dismissed 89 N.Y.2d 916), and find them to be unpersuasive.
CARDONA, P.J., MIKOLL, MERCURE, CREW III and PETERS, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.