Garcia v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court *561by 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 drug use after two EMIT tests yielded positive results for the presence of opiates. Contrary to petitioner’s contention, the two positive test results provide substantial evidence supporting the determination of guilt (see, Matter of Lahey v Kelly, 71 NY2d 135; Matter of Morales…