Opinion
2011-10-18
In the Matter of Jaythan KENDRICK, petitioner,v.NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICE, etc., et al., respondents.
Jaythan Kendrick, Stormville, N.Y., petitioner pro se.Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Richard O. Jackson of counsel), for respondents.
Proceeding pursuant to CPLR article 78 to review so much of a determination of the New York State Department of Correctional Service dated June 3, 2009, as affirmed so much of a determination of a hearing officer dated March 11, 2009, made after a Tier III disciplinary hearing, as found that the petitioner had violated, inter alia, 7 NYCRR 270.2(B)(14)(iv) by possessing an unauthorized type of medication, and imposed penalties.
ADJUDGED that the determination is confirmed insofar as reviewed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.
Contrary to the petitioner's contention, the misbehavior report, the testimony adduced at the Tier III disciplinary hearing, and the “Contraband Drug Testing Directive” regarding narcotics identification kits and the testing procedures for contraband provided substantial evidence to support the hearing officer's determination that the petitioner possessed an unauthorized type of medication in violation of 7 NYCRR 270.2(B)(14)(iv) ( see
Matter of Mills v. Fischer, 85 A.D.3d 1033, 925 N.Y.S.2d 851; Matter of Maxwell v. Fischer, 74 A.D.3d 1342, 1343, 903 N.Y.S.2d 247; Matter of Brown v. Selsky, 38 A.D.3d 657, 831 N.Y.S.2d 522; Matter of Rincon v. Selsky, 28 A.D.3d 565, 813 N.Y.S.2d 508).
The petitioner's remaining contentions are without merit.
MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.