Bacchi v. Lacy

Appellate Division of the Supreme Court of New York

Bacchi v. Lacy

267 A.D.2d 524, 698 N.Y.S.2d 920, 1999 N.Y. App. Div. LEXIS 12467

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 2, 1999

StatusPublished

Cited by4 cases

This text of 267 A.D.2d 524 (Bacchi v. Lacy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bacchi v. Lacy, 267 A.D.2d 524, 698 N.Y.S.2d 920, 1999 N.Y. App. Div. LEXIS 12467 (N.Y. Ct. App. 1999).

Pincite

Opinion

—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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after two EMIT tests performed on petitioner’s urine sample yielded positive results for the presence of cannabinoids. In our view, the misbehavior report, the positive results of the urinalysis tests and the testimony from the SYVA technical representative refuting his claim that his authorized medication produced a false positive result, constitute substantial evidence supporting the charge of drug use (see, Matter of Kussius v Walker, 247 AD2d 911, 912). Contrary to petitioner’s contention, the chain of custody was sufficiently documented and a proper foundation was laid for the reliance on the positive test results. Finally, we have examined petitioner’s remaining arguments and find them to be unpersuasive, including his claims that the hearing was untimely commenced and the Hearing Officer was biased.

Mikoll, J. P., Yesawich Jr., Carpinello, Graffeo and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

—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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after two EMIT tests performed on petitioner’s urine sample yielded positive results for the presence of cannabinoids. In our view, the misbehavior report, the positive results of the urinalysis tests and the testimony from the SYVA technical representative refuting his claim that his authorized medication produced a false positive result, constitute substantial evidence supporting the charge of drug use (see, Matter of Kussius v Walker, 247 AD2d 911, 912). Contrary to petitioner’s contention, the chain of custody was sufficiently documented and a proper foundation was laid for the reliance on the positive test results. Finally, we have examined petitioner’s remaining arguments and find them to be unpersuasive, including his claims that the hearing was untimely commenced and the Hearing Officer was biased.

Mikoll, J. P., Yesawich Jr., Carpinello, Graffeo and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

267 A.D.2d 524, 698 N.Y.S.2d 920, 1999 N.Y. App. Div. LEXIS 12467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bacchi-v-lacy-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack