Matter of Rivera v. Goord

Full title: In the Matter of ROBERTO RIVERA, Appellant, v. GLENN S. GOORD, as…

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

Date published: Feb 10, 1999

258 A.D.2d 909 (N.Y. App. Div. 1999)

685 N.Y.S.2d 548

Opinion

February 10, 1999

Appeal from Judgment of Supreme Court, Wyoming County, Dadd, J. — CPLR art. 78.

Present — Denman, P. J., Green, Hayes, Wisner and Callahan, JJ.

Judgment unanimously affirmed without costs. Memorandum: Petitioner contends that the determination finding him guilty of using a controlled substance should have been annulled because the same correction officer performed the two EMIT tests. We disagree. Both tests were properly performed by the same correction officer because a different trained individual was not available ( see, 7 NYCRR 1020.4 [e] [1] [former (iv)]; cf., Matter of Simpkins v. Riley, 193 A.D.2d 1009).