Graziano v. Goord
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—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.
Petitioner, a prison inmate, was found guilty of using a controlled substance. Given that the two tests performed on *702petitioner’s urine sample yielded positive results for the presence of opiates, we conclude that substantial evidence supports the finding of drug use (see, Matter of Mercado v Selsky, 270 AD2d 550; Matter of Davis v Goord, 268 AD2d 932).…
2Cases cited5 opinions
- Soto-Rodriguez v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
- Foust v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
- Mercado v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
- Wright v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by4 opinions
- Rivera v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Galdamez v. TaylorAppellate Division of the Supreme Court of the State of New York · 2006
- Montalbo v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
- Rivera v. PrackAppellate Division of the Supreme Court of the State of New York · 2012