Opinion
92465
January 30, 2003.
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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Antonio Gonzalez, Dannemora, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondents.
Before: Cardona, P.J., Mercure, Crew III, Carpinello and, Rose, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine twice tested positive for the presence of opiates. Contrary to petitioner's contention, the misbehavior report, the two positive urinalysis tests results and the testimony at the hearing provide substantial evidence of petitioner's guilt (see Matter of Goodwine v. Selsky, 291 A.D.2d 773, 751 N.Y.S.2d 77; Matter of Woods v. Selsky, 291 A.D.2d 773). The conflicting testimony at the hearing from petitioner and a representative of SYVA as to whether the amount of poppy seed crackers petitioner had eaten was likely to account for a false positive test result created a credibility issue for the Hearing Officer to resolve (see Matter of Wood v. Selsky, 240 A.D.2d 876). Petitioner's remaining contentions, including that the penalty imposed was harsh or excessive, have been reviewed and found to be without merit.
Cardona, P.J., Mercure, Crew III, Carpinello and Rose, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.