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IN THE MATTER OF CONNELLY v. SELSKY

7 A.D.3d 904 (2004)

775 N.Y.S.2d 918

In the Matter of DANIEL CONNELLY, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

May 13, 2004.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine twice tested positive for the presence of opiates. The misbehavior report, together with the positive test results and testing procedure forms, provide substantial evidence to support the determination of petitioner's guilt (see Matter of Dziedzic v Goord, 305 A.D.2d 826 [2003]). Although...

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