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Carbuccia v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Oct 31, 2002
298 A.D.2d 801 (N.Y. App. Div. 2002)

Opinion

91407

Decided and Entered: October 31, 2002.

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 which found petitioner guilty of violating a prison disciplinary rule.

Hector L. Dessis Carbuccia, Comstock, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondent.

Before: Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ.


MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rule which prohibits inmates from unauthorized use of a controlled substance after his urine sample twice tested positive for the presence of opiates. Although petitioner claims that the results of the urinalysis were invalid due to an error in calculating the cut-off rate and use of different reagents, a review of the hearing testimony and urinalysis testing documentation establishes that the appropriate testing procedures were followed (see 7 NYCRR 1020.4 [e]; see also Matter of Morales v. Selsky, 281 A.D.2d 658, lv denied 96 N.Y.2d 713; Matter of Selby v. Coombe, 249 A.D.2d 597). We also reject petitioner's contention that the hearing transcript was altered and find that any alleged gaps do not preclude meaningful appellate review (see Matter of Rucano v. Goord, 264 A.D.2d 888). Petitioner's remaining contention of Hearing Officer bias has been reviewed and found to be without merit.

Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Carbuccia v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Oct 31, 2002
298 A.D.2d 801 (N.Y. App. Div. 2002)
Case details for

Carbuccia v. Goord

Case Details

Full title:In the Matter of HECTOR L. DESSIS CARBUCCIA, Petitioner, v. GLENN GOORD…

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

Date published: Oct 31, 2002

Citations

298 A.D.2d 801 (N.Y. App. Div. 2002)
748 N.Y.S.2d 709

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