Legal Opinion

Ciotoli v. Goord

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

Decided December 31, 1998PublishedCited by 15 opinions

1Opinion of the Court

—Determination unanimously confirmed without costs and amended petition dismissed. Memorandum: The positive result of the EMIT test, which was confirmed with the result of a second EMIT test, constitutes substantial evidence to support the determination that petitioner violated inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii] [use of a controlled substance]) (see, Matter of Lahey v Kelly, 71 NY2d 135, 138; Matter of Montalalou v Coombe, 242 AD2d 917, lv denied 91 NY2d 805). Petitioner contends that the specimen bottle was not properly labeled with his identification, in violation of 7 NYCRR…

2Cases cited12 opinions

  1. Lahey v. KellyNew York Court of Appeals · 1987
  2. New York City Transit Authority v. New York State Department of LaborNew York Court of Appeals · 1996
  3. Ortiz v. RourkeAppellate Division of the Supreme Court of the State of New York · 1997
  4. Comfort v. IrvinAppellate Division of the Supreme Court of the State of New York · 1993
  5. Green v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by15 opinions

  1. Paige v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Russell v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  3. Coates v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Spears v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Cookhorne v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

10 more not listed; retrieve them via the Exa API.

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