Filbert v. Goord

Appellate Division of the Supreme Court of New York

Filbert v. Goord

267 A.D.2d 536, 699 N.Y.S.2d 748, 1999 N.Y. App. Div. LEXIS 12414

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

DecidedDecember 2, 1999

StatusPublished

Cited by2 cases

This text of 267 A.D.2d 536 (Filbert v. Goord) 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

Filbert v. Goord, 267 A.D.2d 536, 699 N.Y.S.2d 748, 1999 N.Y. App. Div. LEXIS 12414 (N.Y. Ct. App. 1999).

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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 respondent which found petitioner guilty of violating a prison disciplinary rule.

The misbehavior report and urinalysis test results indicating the presence of opiates, together with the testimony at the hearing, provide substantial evidence to support the determination finding petitioner, a prison inmate, guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance (see, Matter of Kreel v Goord, 249 AD2d 600, lv denied 92 NY2d 807). The conflicting testimony presented at the hearing as to whether the cough medicine petitioner was allegedly taking caused a false positive test result presented a credibility issue for the Hearing Officer to resolve (see, Matter of Wood v Selsky, 240 AD2d 876). Petitioner’s remaining contentions, including that the hearing transcript is incomplete, have been reviewed and found to be without merit.

Cardona, P. J., Mikoll, Peters, Carpinello and Graffeo, JJ., concur. 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 respondent which found petitioner guilty of violating a prison disciplinary rule.

The misbehavior report and urinalysis test results indicating the presence of opiates, together with the testimony at the hearing, provide substantial evidence to support the determination finding petitioner, a prison inmate, guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance (see, Matter of Kreel v Goord, 249 AD2d 600, lv denied 92 NY2d 807). The conflicting testimony presented at the hearing as to whether the cough medicine petitioner was allegedly taking caused a false positive test result presented a credibility issue for the Hearing Officer to resolve (see, Matter of Wood v Selsky, 240 AD2d 876). Petitioner’s remaining contentions, including that the hearing transcript is incomplete, have been reviewed and found to be without merit.

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

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Bluebook (online)

267 A.D.2d 536, 699 N.Y.S.2d 748, 1999 N.Y. App. Div. LEXIS 12414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/filbert-v-goord-nyappdiv-1999.

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