Jimenez 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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of unauthorized drug use after two EMIT tests yielded positive results for the presence of opiates in his urine. The test results provide substantial evidence to support the determination (see, Matter of Lahey v Kelly, 71 NY2d 135) and petitioner’s claim that the medication he had taken at least 10 days before the tests caused…