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Matter of Lopez v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 816 (N.Y. App. Div. 1997)

Opinion

September 11, 1997

Appeal from the Supreme Court, Albany County.


The positive urinalysis test results, confirmed by a second test, together with the misbehavior report and the testimony of the correction officer who performed the test, constitute substantial evidence to support the determination that petitioner violated the prison disciplinary rule prohibiting the unauthorized use of controlled substances ( see, Matter of Lahey v Kelly, 71 N.Y.2d 135). We find no error in the Hearing Officer's reliance upon the testimony of the facility nurse indicating that petitioner was not on any medication which would cause a false-positive in the test results ( see generally, Matter of Frazier v Coombe, 224 A.D.2d 794, 795). Furthermore, we find that the record provides an adequate foundation for the introduction of the urinalysis test results ( see, 7 NYCRR 1020.5 [a] [1]). Petitioner's remaining contentions are either unpreserved for our review or have been found to be without merit.

Cardona, P.J., Mercure, Crew III, Casey and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Lopez v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 816 (N.Y. App. Div. 1997)
Case details for

Matter of Lopez v. Goord

Case Details

Full title:In the Matter of ALBERTO LOPEZ, Petitioner, v. GLENN GOORD, as…

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

Date published: Sep 11, 1997

Citations

242 A.D.2d 816 (N.Y. App. Div. 1997)
661 N.Y.S.2d 1026

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