James v. Herbert

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner violated inmate rule 113.24 (7 NYCRR 270.2 [B] [14] [xv]) is supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135, 138). The Hearing Officer properly relied on the testimony of a correction officer, who was both knowledgeable and experienced with respect to the SYVA Emit test, that second-hand marihuana smoke would not produce a positive result in the tests for cannabinoids (see, Matter of Martinez v Costello, 251 AD2d 994; cf., Matter of Rashid v…