Opinion
December 10, 1998
Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after EMIT tests performed on petitioner's urine sample yielded positive results for the presence of opiates. Contrary to petitioner's contention, the information and evidence adduced at the hearing were sufficient to establish the chain of custody despite the fact that the "request for urinalysis test" form mistakenly states that petitioner's urine was removed from the refrigerator/freezer at 7:20 P.M. instead of 7:20 A.M., as this was a clerical error that is apparent from a review of the documentation and, in any event, was sufficiently explained during the hearing ( see, Matter of Frazier v. Goord, 251 A.D.2d 800). A proper foundation was laid for respondent's reliance on the positive test results and our examination of petitioner's remaining arguments reveals no basis for disturbing the determination of guilt.
Mikoll, J.P., Crew III, White, Carpinello and Graffeo, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.