Legal Opinion

Whitfield v. Johnson

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

Decided November 13, 1998Published

1Opinion of the Court

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination finding petitioner guilty of violating inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]) is supported by substantial evidence (see, Matter of Symmonds v Goord, 244 AD2d 737; Matter of Larocco v Coughlin, 181 AD2d 957). We reject petitioner’s contentions concerning the testing that was done and the procedures that were followed. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Orleans County, Punch, J.) Present — Green, J. P., Wisner, Pigott, Jr., Balio and Fallon, JJ.

2Cases cited2 opinions

  1. Symmonds v. GoordAppellate Division of the Supreme Court of the State of New York · 1997
  2. Larocco v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992