Opinion

Brown v. Selsky

  • 38 A.D.3d 657
  • 831 N.Y.S.2d 522
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 13, 2007
Status
Published
Cited by
1 cases
Authority
More cited than 55.1%

The opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent, the Director of Special Housing/ Inmate Disciplinary Program of the New York State Department of Correctional Services, dated July 25, 2005, which modified a determination of a Hearing Officer, dated May 9, 2005, made after a Tier III disciplinary hearing, finding the petitioner guilty of violating certain prison disciplinary rules and imposing penalties.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner’s contention, the misbehavior report, the positive test results for cannabinoids, and the hearing testimony that the petitioner’s medication did not cause a false positive result, constituted substantial evidence of guilt (see Matter of Rincon v Selsky, 28 AD3d 565, 566 [2006]; Matter of Burse v Goord, 274 AD2d 678, 679 [2000]; Matter of McBride v Selsky, 257 AD2d 930 [1999]).

The petitioner’s remaining contentions that he was denied access to certain documentary evidence and that the hearing was improperly extended are without merit. Spolzino, J.P, Skelos, Covello and Balkin, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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