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Wolfgang v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 27, 2007
43 A.D.3d 1262 (N.Y. App. Div. 2007)

Opinion

No. 502217.

September 27, 2007.

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Joseph Wolfgang, Comstock, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondents.

Before: Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the use of drugs after a sample of his urine twice tested positive for opiates. Following a tier III disciplinary hearing, he was found guilty of that charge. Petitioner exhausted his administrative remedies and then commenced this CPLR article 78 proceeding challenging the determination.

The misbehavior report, positive urinalysis test results and hearing testimony provide substantial evidence of petitioner's guilt ( see Matter of Hoover v Goord, 38 AD3d 1069, 1070, lv denied 8 NY3d 816). Petitioner's defense that his ingestion of poppy seed crackers resulted in a false positive test result created a credibility issue for resolution by the Hearing Officer ( see Matter of Shabazz v Selsky, 12 AD3d 795, 796).

To the extent preserved, the remaining claims advanced by petitioner have been examined and found to be unavailing.

Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Wolfgang v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 27, 2007
43 A.D.3d 1262 (N.Y. App. Div. 2007)
Case details for

Wolfgang v. Goord

Case Details

Full title:In the Matter of JOSEPH WOLFGANG, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Sep 27, 2007

Citations

43 A.D.3d 1262 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7048
842 N.Y.S.2d 116

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