Legal Opinion

Graziano v. Goord

Appellate Division of the Supreme Court of the State of New York

Decided May 11, 2000PublishedCited by 4 opinions

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

  1. Soto-Rodriguez v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  2. Foust v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  3. Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  4. Mercado v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
  5. Wright v. GoordAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by4 opinions

  1. Rivera v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  2. Galdamez v. TaylorAppellate Division of the Supreme Court of the State of New York · 2006
  3. Montalbo v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
  4. Rivera v. PrackAppellate Division of the Supreme Court of the State of New York · 2012

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