Perez v. Coombe

Determination unanimously confirmed without costs and petition dismissed. Memorandum: We confirm the determination of respondent that petitioner violated inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]), which prohibits the use of a controlled substance. The positive result of an EMIT test, when confirmed, as here, by the result of a second EMIT test, constitutes substantial evidence to support that determination (see, Matter of Lahey v Kelly, 71 NY2d 135, 138; Matter of McKins v Coughlin, 142 AD2d 987, lv denied 74 NY2d 603).

We reject the argument of petitioner that the Hearing Officer was…