Irby v. Selsky

Appellate Division of the Supreme Court of New York

Irby v. Selsky

284 A.D.2d 645, 727 N.Y.S.2d 698, 2001 N.Y. App. Div. LEXIS 6013

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

DecidedJune 7, 2001

StatusPublished

Cited by1 cases

This text of 284 A.D.2d 645 (Irby 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

Irby v. Selsky, 284 A.D.2d 645, 727 N.Y.S.2d 698, 2001 N.Y. App. Div. LEXIS 6013 (N.Y. Ct. App. 2001).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after the results of two urinalysis tests were positive for the presence of cannibinoids. The positive result of the original urinalysis test, confirmed by a second test, along with the misbehavior report and the hearing testimony of the certified ETS operator who conducted both tests, constitute substantial evidence supporting the determination of petitioner’s guilt (see, Matter of Lahey v Kelly, 71 NY2d 135, 143; Matter of Amante v Goord, 240 AD2d 837, 838). Petitioner’s remaining contentions, including his allegation of Hearing Officer bias, have been examined and found to be either without merit or unpreserved for our review.

Mercure, J. P., Crew III, Peters, Carpinello and Mugglin, 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 Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after the results of two urinalysis tests were positive for the presence of cannibinoids. The positive result of the original urinalysis test, confirmed by a second test, along with the misbehavior report and the hearing testimony of the certified ETS operator who conducted both tests, constitute substantial evidence supporting the determination of petitioner’s guilt (see, Matter of Lahey v Kelly, 71 NY2d 135, 143; Matter of Amante v Goord, 240 AD2d 837, 838). Petitioner’s remaining contentions, including his allegation of Hearing Officer bias, have been examined and found to be either without merit or unpreserved for our review.

Mercure, J. P., Crew III, Peters, Carpinello and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

284 A.D.2d 645, 727 N.Y.S.2d 698, 2001 N.Y. App. Div. LEXIS 6013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irby-v-selsky-nyappdiv-2001.

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