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Matter of Benton v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 763 (N.Y. App. Div. 1997)

Opinion

September 4, 1997


The positive urinalysis test results, together with the misbehavior report and the testimony of the correction officers who administered the tests, provide substantial evidence to support the administrative determination finding petitioner guilty of violating the prison disciplinary rule prohibiting the unauthorized use of controlled substances ( see, Matter of Lahey v Kelly, 71 N.Y.2d 135). Contrary to petitioner's contention, the record reveals that the correction officials reasonably complied with all relevant regulatory procedures ( see, Matter of Frazier v Coombe, 224 A.D.2d 794, 795). We reject petitioner's contention that his request for the production of the daily log sheets was improperly denied inasmuch as such documents did not exist ( see, Matter of Wood v. Selsky, 240 A.D.2d 876). In any event, the information sought was set forth in the urinalysis procedure form which was supplied to petitioner. Petitioner's remaining contentions have been reviewed and are lacking in merit.

Mikoll, J.P., Mercure, White, Casey and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Benton v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 763 (N.Y. App. Div. 1997)
Case details for

Matter of Benton v. Coombe

Case Details

Full title:In the Matter of TYRONE BENTON, Petitioner, v. PHILIP COOMBE, JR., as…

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

Date published: Sep 4, 1997

Citations

242 A.D.2d 763 (N.Y. App. Div. 1997)
662 N.Y.S.2d 276

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