Scott v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKavanagh, J.
Following a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule that prohibits the use of controlled substances. After an administrative appeal, which modified his penalty but affirmed the finding of guilt, petitioner commenced this CPLR article 78 proceeding.
We confirm. The two tests performed on urine specimens taken from petitioner resulted in positive findings for the presence of opiates. Contrary to petitioner’s claim, the fact that the urinalysis testing machine used to examine the specimens was not calibrated between each test as…
2Cases cited11 opinions
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- Martino v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Amaker v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
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