McMahon v. Dobbins

Appellate Division of the Supreme Court of New York

McMahon v. Dobbins

273 A.D.2d 578, 710 N.Y.S.2d 551, 2000 N.Y. App. Div. LEXIS 6663

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

DecidedJune 15, 2000

StatusPublished

Cited by2 cases

This text of 273 A.D.2d 578 (McMahon v. Dobbins) 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

McMahon v. Dobbins, 273 A.D.2d 578, 710 N.Y.S.2d 551, 2000 N.Y. App. Div. LEXIS 6663 (N.Y. Ct. App. 2000).

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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, a prison inmate, was found guilty of using a controlled substance after his urine twice tested positive for the presence of cannabinoids. Contrary to petitioner’s contention, the misbehavior report and the positive results of the urinalysis tests constitute substantial evidence supporting the charge of drug use (see, Matter of Foust v Goord, 262 AD2d 904). To the extent that petitioner’s remaining contentions, including his challenge to the testing procedures employed and his claim of Hearing Officer bias, have been preserved for our review, we find such arguments to be lacking in merit.

Crew III, J. P., Peters, Carpinello, Graffeo and Rose, 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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of using a controlled substance after his urine twice tested positive for the presence of cannabinoids. Contrary to petitioner’s contention, the misbehavior report and the positive results of the urinalysis tests constitute substantial evidence supporting the charge of drug use (see, Matter of Foust v Goord, 262 AD2d 904). To the extent that petitioner’s remaining contentions, including his challenge to the testing procedures employed and his claim of Hearing Officer bias, have been preserved for our review, we find such arguments to be lacking in merit.

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

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Bluebook (online)

273 A.D.2d 578, 710 N.Y.S.2d 551, 2000 N.Y. App. Div. LEXIS 6663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmahon-v-dobbins-nyappdiv-2000.

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