Garcia v. Goord

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

Petitioner, a prison inmate, was found guilty of using a controlled substance after his single sample of urine twice tested positive for opiates on November 3, 1998. Petitioner’s defense that his system was still contaminated by the presence of opiates found in a test performed seven days earlier was refuted by the correction…