Opinion
January 21, 1999.
Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from using unauthorized controlled substances after two urinalysis tests yielded positive results for the presence of opiates. Contrary to petitioner's contention, the misbehavior report together with the positive results of the EMIT tests provide substantial evidence to support the determination of petitioner's guilt ( see, Matter of Lahey v. Kelly, 71 N.Y.2d 135, 143). Furthermore, petitioner's speculative allegation that his urine sample was confused with that of another inmate was insufficient to meet his burden on this issue ( see, Matter of Frazier v. Goord, 251 A.D.2d 800, 801, lv denied 92 N.Y.2d 813). Even if preserved for our review ( see, Matter of Murphy v. Selsky, 239 A.D.2d 724), we would find petitioner's remaining contentions, including his challenge to the chain of custody of his urine sample and the testing procedures used, to be unpersuasive.
Cardona, P. J., Mercure, Crew III, Peters and Graffeo, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.