Taylor v. Taylor

Appellate Division of the Supreme Court of New York

Taylor v. Taylor

290 A.D.2d 778, 736 N.Y.S.2d 202, 2002 N.Y. App. Div. LEXIS 440

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

DecidedJanuary 17, 2002

StatusPublished

Cited by4 cases

This text of 290 A.D.2d 778 (Taylor v. Taylor) 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

Taylor v. Taylor, 290 A.D.2d 778, 736 N.Y.S.2d 202, 2002 N.Y. App. Div. LEXIS 440 (N.Y. Ct. App. 2002).

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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 was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after his urine twice tested positive for the presence of cocaine and opiates. Substantial evidence of petitioner’s guilt was presented at the disciplinary hearing in the form of the misbehavior report and the positive urinalysis test results (see, Matter of Amante v Goord, 240 AD2d 837, 838). The minor discrepancies on the urinalysis procedure forms relating to the times when petitioner’s urine sample was collected and tested are no more than clerical errors that do not warrant a finding that the chain of custody was defective or that the test results were invalid (see, Matter of Ortiz v Goord, 256 AD2d 787). The remaining issues raised in this matter have been reviewed and found to be without merit.

Mercure, J.P., Peters, Carpinello, Mugglin and Lahtinen, 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 was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after his urine twice tested positive for the presence of cocaine and opiates. Substantial evidence of petitioner’s guilt was presented at the disciplinary hearing in the form of the misbehavior report and the positive urinalysis test results (see, Matter of Amante v Goord, 240 AD2d 837, 838). The minor discrepancies on the urinalysis procedure forms relating to the times when petitioner’s urine sample was collected and tested are no more than clerical errors that do not warrant a finding that the chain of custody was defective or that the test results were invalid (see, Matter of Ortiz v Goord, 256 AD2d 787). The remaining issues raised in this matter have been reviewed and found to be without merit.

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

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Bluebook (online)

290 A.D.2d 778, 736 N.Y.S.2d 202, 2002 N.Y. App. Div. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-taylor-nyappdiv-2002.

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