Lopez v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

The positive urinalysis test results, confirmed by a second test, together with the misbehavior report and the testimony of the correction officer who performed the test, constitute substantial evidence to support the determination that petitioner violated the prison disciplinary rule prohibiting the unauthorized use of controlled substances (see, Matter of Lahey…