Lugo v. Coughlin

Appellate Division of the Supreme Court of New York

Lugo v. Coughlin

224 A.D.2d 896, 638 N.Y.S.2d 928, 1996 N.Y. App. Div. LEXIS 1508

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

DecidedFebruary 29, 1996

StatusPublished

Cited by1 cases

This text of 224 A.D.2d 896 (Lugo v. Coughlin) 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

Lugo v. Coughlin, 224 A.D.2d 896, 638 N.Y.S.2d 928, 1996 N.Y. App. Div. LEXIS 1508 (N.Y. Ct. App. 1996).

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

Petitioner was found guilty of violating prison disciplinary rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]) prohibiting inmates from using controlled substances.

Petitioner’s sole contention in this proceeding is that the positive test results could be attributable to his ingestion of cold medication given to him by other inmates. No further evidence was presented by him to buttress this contention. The Hearing Officer determined that petitioner violated prison disciplinary rule 113.12 on the basis of a misbehavior report, the results of two drug tests and petitioner’s admission that he was taking unauthorized medication. The determination was based on substantial evidence and must be confirmed. The Hearing Officer was under no duty to make petitioner’s case for him (see, Matter of McMoore v Leonardo, 198 AD2d 752).

Cardona, P. J., Mikoll, White, Casey and Spain, 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 respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating prison disciplinary rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]) prohibiting inmates from using controlled substances.

Petitioner’s sole contention in this proceeding is that the positive test results could be attributable to his ingestion of cold medication given to him by other inmates. No further evidence was presented by him to buttress this contention. The Hearing Officer determined that petitioner violated prison disciplinary rule 113.12 on the basis of a misbehavior report, the results of two drug tests and petitioner’s admission that he was taking unauthorized medication. The determination was based on substantial evidence and must be confirmed. The Hearing Officer was under no duty to make petitioner’s case for him (see, Matter of McMoore v Leonardo, 198 AD2d 752).

Cardona, P. J., Mikoll, White, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

224 A.D.2d 896, 638 N.Y.S.2d 928, 1996 N.Y. App. Div. LEXIS 1508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lugo-v-coughlin-nyappdiv-1996.

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