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Garcia v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 2007
45 A.D.3d 941 (N.Y. App. Div. 2007)

Opinion

No. 502052.

November 1, 2007.

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.

Luis Garcia, Brocton, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondent.

Before: Cardona, PJ., Crew III, Peters, Carpinello and Kane, JJ., concur.


At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of drug use. That determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The determination of guilt is supported by substantial evidence in the form of the misbehavior report and hearing testimony regarding the positive urinalysis test results ( see Matter of Hayes v Goord, 26 AD3d 546). Petitioner's remaining contentions, including his challenges to the chain of custody, have been examined and found to be without merit.

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


Summaries of

Garcia v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 2007
45 A.D.3d 941 (N.Y. App. Div. 2007)
Case details for

Garcia v. Goord

Case Details

Full title:In the Matter of Luis GARCIA, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Nov 1, 2007

Citations

45 A.D.3d 941 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8153
844 N.Y.S.2d 501