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MATTER OF SAMUEL v. GOORD

277 A.D.2d 584 (2000)

715 N.Y.S.2d 113

In the Matter of FLOYD SAMUEL, Petitioner, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent.

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

Decided November 2, 2000.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance. Based upon our review of the record, we find that the two positive test results indicating the presence of opiates, together with the misbehavior report and testimony of the Lieutenant who supervises the drug testing program...

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