In the Matter of Suggs v. Miller
Decision Date | 20 October 2005 |
Docket Number | 97253. |
Citation | 22 A.D.3d 910,802 N.Y.S.2d 775,2005 NY Slip Op 07756 |
Parties | In the Matter of JOHN SUGGS, Petitioner, v. DAVID L. MILLER, as Superintendent of Eastern Correctional Facility, Respondent. |
Court | New York Supreme Court — Appellate Division |
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine sample twice tested positive for the presence of cannabinoids. Inasmuch as the misbehavior report, positive test results and supporting documentation, together with the testimony at the hearing, constitute substantial evidence of petitioner's guilt, the determination will not be disturbed (see Matter of Paige v. Goord, 19 AD3d 908 [2005]; Matter of Sow v. Selsky, 7 AD3d 903, 904 [2004]). Furthermore, it was within the province of the Hearing Officer to resolve the credibility issue arising from petitioner's defense that the medications he was taking resulted in the positive test results and the contrary testimony from a technician specialist employed by the manufacturer of the testing equipment that, although not individually tested, the differing chemical and molecular structures between the subject medications and cannabis would not result in a false positive (see Matter of Figueroa v. Goord, 15 AD3d 705 [2005]; Matter of Townes v. Goord, 14 AD3d 754, 755 [2005]).
Adjudged that the determination is confirmed, without costs, and petition dismissed.
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...for the Hearing Officer to resolve ( see Matter of Curry v. Fischer, 93 A.D.3d at 984, 939 N.Y.S.2d 732;Matter of Suggs v. Miller, 22 A.D.3d 910, 910–911, 802 N.Y.S.2d 775 [2005] ). Moreover, contrary to petitioner's contention, the transcript does not reveal the existence of significant ga......
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