Opinion
528002
06-27-2019
In the Matter of Johnny ONEGA, Petitioner, v. Anthony RODRIQUEZ, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Johnny Onega, Ogdensburg, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Johnny Onega, Ogdensburg, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Mulvey, Aarons and Pritzker, JJ.
MEMORANDUM AND JUDGMENT Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.
After a sample of petitioner's urine twice tested positive for the presence of buprenorphine, he was charged in a misbehavior report with using a controlled substance. He was found guilty of the charge following a tier III disciplinary hearing and the determination was later upheld on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, together with the positive urinalysis test results and related documentation, provide substantial evidence supporting the determination of guilt (see Matter of Briggs v. Annucci, 145 A.D.3d 1301, 1302, 43 N.Y.S.3d 604 [2016] ; Matter of Evans v. Bezio, 84 AD3d 1622, 1622–1623, 922 N.Y.S.2d 828 [2011] ). The chain of custody of petitioner's urine sample was adequately established by the information contained on the request for urinalysis form (see Matter of Shepherd v. Annucci, 153 A.D.3d 1495, 1496, 61 N.Y.S.3d 386 [2017], appeal dismissed and lv. denied 30 N.Y.3d 1093, 69 N.Y.S.3d 860, 92 N.E.3d 1250 [2018] ; Matter of Green v. Annucci, 148 A.D.3d 1443, 1444, 49 N.Y.S.3d 583 [2017], lv denied 29 N.Y.3d 916, 64 N.Y.S.3d 666, 86 N.E.3d 558 [2017] ). In view of this, and given that petitioner was provided with all of the required urinalysis testing documentation (see 7 NYCRR 1020.4 [f][1][iv]; 1020.5[a] ), a proper foundation was laid for the admission of the positive test results (see Matter of Carter v. Annucci, 166 A.D.3d 1189, 1190, 87 N.Y.S.3d 719 [2018], appeal dismissed 33 N.Y.3d 1038, 103 N.Y.S.3d 11, 126 N.E.3d 1051, 2019 WL 2375461 [June 6, 2019] ; Matter of Morales v. Venettozzi, 163 A.D.3d 1375, 1376, 77 N.Y.S.3d 902 [2018] ). We have considered petitioner's remaining contentions and find that they are either unpreserved for our review or are lacking in merit. Therefore, we decline to disturb the disciplinary determination.
Egan Jr., J.P., Clark, Mulvey, Aarons and Pritzker, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.