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MATTER OF JIMENEZ v. GOORD

278 A.D.2d 577 (2000)

717 N.Y.S.2d 424

In the Matter of HECTOR JIMENEZ, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 7, 2000.

Petitioner was found guilty of unauthorized drug use after two EMIT tests yielded positive results for the presence of opiates in his urine. The test results provide substantial evidence to support the determination (see, Matter of Lahey v Kelly, 71 N.Y.2d 135) and petitioner's claim that the medication he had taken at least 10 days before the tests caused false-positive results was refuted by the testimony of a facility pharmacist...

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