Stepteau v. Goord

Appellate Division of the Supreme Court of New York

Stepteau v. Goord

258 A.D.2d 879, 682 N.Y.S.2d 646

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

DecidedJanuary 21, 1999

StatusPublished

Cited by6 cases

This text of 258 A.D.2d 879 (Stepteau 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

Stepteau v. Goord, 258 A.D.2d 879, 682 N.Y.S.2d 646 (N.Y. Ct. App. 1999).

Pincite

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

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from using unauthorized controlled substances after two urinalysis tests yielded positive results for the presence of opiates. Contrary to petitioner’s contention, the misbehavior report together with the positive results of the EMIT tests provide substantial evidence to support the determination of petitioner’s guilt (see, Matter of Lahey v Kelly, 71 NY2d 135, 143). Furthermore, petitioner’s speculative allegation that his urine sample was confused with that of another inmate was insufficient to meet his burden on this issue (see, Matter of Frazier v Goord, 251 AD2d 800, 801, lv denied 92 NY2d 813). Even if preserved for our review (see, Matter of Murphy v Selsky, 239 AD2d 724), we would find petitioner’s remaining contentions, including his challenge to the chain of custody of his urine sample and the testing procedures used, to be unpersuasive.

Cardona, P. J., Mercure, Crew III, Peters and Graffeo, JJ., [880]*880concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

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

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from using unauthorized controlled substances after two urinalysis tests yielded positive results for the presence of opiates. Contrary to petitioner’s contention, the misbehavior report together with the positive results of the EMIT tests provide substantial evidence to support the determination of petitioner’s guilt (see, Matter of Lahey v Kelly, 71 NY2d 135, 143). Furthermore, petitioner’s speculative allegation that his urine sample was confused with that of another inmate was insufficient to meet his burden on this issue (see, Matter of Frazier v Goord, 251 AD2d 800, 801, lv denied 92 NY2d 813). Even if preserved for our review (see, Matter of Murphy v Selsky, 239 AD2d 724), we would find petitioner’s remaining contentions, including his challenge to the chain of custody of his urine sample and the testing procedures used, to be unpersuasive.

Cardona, P. J., Mercure, Crew III, Peters and Graffeo, JJ., [880]*880concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

258 A.D.2d 879, 682 N.Y.S.2d 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stepteau-v-goord-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack