Connelly v. Selsky

Appellate Division of the Supreme Court of New York

Connelly v. Selsky

7 A.D.3d 904, 775 N.Y.S.2d 918, 2004 N.Y. App. Div. LEXIS 6706

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

DecidedMay 13, 2004

StatusPublished

Cited by1 cases

This text of 7 A.D.3d 904 (Connelly v. Selsky) 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

Connelly v. Selsky, 7 A.D.3d 904, 775 N.Y.S.2d 918, 2004 N.Y. App. Div. LEXIS 6706 (N.Y. Ct. App. 2004).

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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 the 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 the unauthorized use of a controlled substance after his urine twice tested positive for the presence of opiates. The misbehavior report, together with the positive test results and testing procedure forms, provide substantial evidence to support the determination of petitioner’s guilt (see Matter of Dziedzic v Goord, 305 AD2d 826 [2003]). Although petitioner now claims that the cold medicine he was taking could have caused a false positive, there was no indication that petitioner was taking any medication. Finally, even if preserved for our review, we would find petitioner’s challenge to the adequacy of the hearing transcript to be without merit.

Crew III, J.P., Peters, Carpinello, Mugglin and Lahtinen, JJ., [905]*905concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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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 the 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 the unauthorized use of a controlled substance after his urine twice tested positive for the presence of opiates. The misbehavior report, together with the positive test results and testing procedure forms, provide substantial evidence to support the determination of petitioner’s guilt (see Matter of Dziedzic v Goord, 305 AD2d 826 [2003]). Although petitioner now claims that the cold medicine he was taking could have caused a false positive, there was no indication that petitioner was taking any medication. Finally, even if preserved for our review, we would find petitioner’s challenge to the adequacy of the hearing transcript to be without merit.

Crew III, J.P., Peters, Carpinello, Mugglin and Lahtinen, JJ., [905]*905concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

7 A.D.3d 904, 775 N.Y.S.2d 918, 2004 N.Y. App. Div. LEXIS 6706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connelly-v-selsky-nyappdiv-2004.

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