Cliff v. Kingsley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Petitioner’s challenge to the evidentiary basis for the determination which found him guilty of drug possession focuses on the sufficiency of the testing procedures which yielded a positive result for marihuana. Petitioner reads the testing documentation as demonstrating that the proper procedure was not followed, but any…
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