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MATTER OF ASTER v. GOORD

279 A.D.2d 921 (2001)

719 N.Y.S.2d 619

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

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

Decided January 25, 2001.

As the result of two urinalysis tests, which were positive for opiates, petitioner was charged with using a controlled substance and, after a tier III hearing, he was found guilty of the charge. A review of the record reveals no support for petitioner's claim that the Hearing Officer was biased and predisposed to finding him guilty (see, Matter of Nicholas v Schriver, 259 A.D.2d 863). Petitioner was given ample opportunity to present...

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