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MATTER OF SPRINGS v. MURPHY

283 A.D.2d 697 (2001)

725 N.Y.S.2d 699

In the Matter of ALBERT SPRINGS, Petitioner, v. ROBERT MURPHY, as Acting Director of the Department of Correctional Services Special Housing/Inmate Disciplinary Program, Respondent.

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

Decided May 3, 2001.

The detailed misbehavior report, results of two urinalysis tests indicating the presence of opiates and the testimony at the hearing provide substantial evidence to support the determination finding petitioner guilty of violating the disciplinary rule which prohibits the unauthorized use of controlled substances (see, Matter of Samuel v Goord, 277 A.D.2d 584). Contrary to petitioner's assertion, the record establishes a proper foundation...

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