Opinion
October 19, 1995
Appeal from the Supreme Court, Albany County.
Petitioner was found guilty, after a disciplinary hearing, of violating a prison disciplinary rule prohibiting the use of controlled substances. Even though the positive results of a drug test, confirmed with the results of a second test, provide substantial evidence supporting respondent's determination ( see, Matter of Lahey v. Kelly, 71 N.Y.2d 135, 138), petitioner contends that it should be annulled due to respondent's failure to comply with 7 NYCRR 1020.4 (e) (1) (ii), which provides in relevant part that "[a] log book shall be kept in the vicinity of the refrigerator/freezer, and each person accessing the specimens shall note his name, the date, and the time of each such access".
Petitioner contends that he was prejudiced by respondent's undisputed failure to maintain a refrigerator log book as it could have provided relevant evidence substantiating his claim that the testing officers may have confused his urine sample with one of the 11 samples that were tested at the same time as his. We reject petitioner's argument since all of the chain of custody information that would have been included in the refrigerator log book was recorded on the "request for urinalysis test" form that was provided to petitioner at the hearing ( see, Matter of Adorno v. Coughlin, 216 A.D.2d 615). Therefore, since petitioner has not cited any evidence adduced at the hearing substantiating his claim that his specimen could have been confused with other samples, we shall dismiss the petition ( see, Matter of Curry v Coughlin, 175 A.D.2d 970; Matter of Price v. Coughlin, 116 A.D.2d 898, 899).
Cardona, P.J., Mercure, Peters and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.