Porter v. Goord

Appellate Division of the Supreme Court of New York

Porter v. Goord

270 A.D.2d 874, 705 N.Y.S.2d 909, 2000 N.Y. App. Div. LEXIS 3651

Appellate Division of the Supreme Court of the State of New York·Decided March 29, 2000·Published

Opinion

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The positive results of the EMIT tests constitute substantial evidence supporting the Hearing Officer’s determination that petitioner violated inmate rule 113.24 (7 NYCRR 270.2 [B] [14] [xv] [using drugs]; see, Matter of Lahey v Kelly, 71 NY2d 135). We reject petitioner’s contention that the Hearing Officer failed to act in a fair and impartial manner (see, Matter of Hooper v Goord, 247 AD2d 884). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Hayes, J. P., Wisner, Hurl-butt and Kehoe, JJ.

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—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The positive results of the EMIT tests constitute substantial evidence supporting the Hearing Officer’s determination that petitioner violated inmate rule 113.24 (7 NYCRR 270.2 [B] [14] [xv] [using drugs]; see, Matter of Lahey v Kelly, 71 NY2d 135). We reject petitioner’s contention that the Hearing Officer failed to act in a fair and impartial manner (see, Matter of Hooper v Goord, 247 AD2d 884). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Hayes, J. P., Wisner, Hurl-butt and Kehoe, JJ.

Porter v. Goord, 270 A.D.2d 874, 705 N.Y.S.2d 909, 2000 N.Y. App. Div. LEXIS 3651 (N.Y. Ct. App. 2000).

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