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IN THE MATTER OF FELICIANO v. SELSKY

17 A.D.3d 951 (2005)

793 N.Y.S.2d 635

In the Matter of JESUS FELICIANO, 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.

April 28, 2005.

After a sample of his urine twice tested positive for the presence of opiates, petitioner was charged in a misbehavior report with the unauthorized use of a controlled substance. He was found guilty of this charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Contrary to petitioner's claim, the record reveals that the chain of custody of his urine specimen was properly...

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