| Matter of Allred v Goord |
| 2008 NY Slip Op 01044 [48 AD3d 847] |
| February 7, 2008 |
| Appellate Division, Third Department |
| In the Matter of Jeffrey Allred, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Albany County) to review a determination of respondent which found petitionerguilty of violating a prison disciplinary rule.
Following a tier III disciplinary hearing, petitioner was found guilty of using drugs, namelymarihuana. Upon administrative appeal, that determination was affirmed with a modifiedpenalty. This CPLR article 78 proceeding by petitioner ensued.
We confirm. The misbehavior report, together with the positive urinalysis test results andrelated documentation, as well as the testimony adduced at the hearing, comprise substantialevidence to support the determination of guilt (see Matter of Marino v New York State Dept. of Correctional Servs., 41AD3d 1004, 1005 [2007]; Matter ofCruz v Goord, 28 AD3d 983, 984 [2006]). Contrary to petitioner's claims, the recordreveals that a proper chain of custody was maintained throughout the collection and testing ofpetitioner's urine specimen, and there is no evidence that the specimen was either tampered withor confused with another sample (seeMatter of Saif'Ul'Bait v Goord, 15 AD3d 703, 705 [2005]). Petitioner's remainingcontention that the Hearing Officer was biased is wholly without merit.
Cardona, P.J., Mercure, Rose, Kane and Malone Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.