Legal Opinion

De Marco v. Selsky

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

Decided November 8, 2001Published

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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplin*585ary rule that prohibits the unauthorized use of controlled substances after the results of two urinalysis tests were positive for the presence of cannabinoids. The positive test results along with the misbehavior report and the hearing testimony constitute substantial…

2Cases cited1 opinion

  1. Irby v. SelskyAppellate Division of the Supreme Court of the State of New York · 2001

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