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IN THE MATTER OF YUSEF SOW, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine twice tested positive for the presence of cannibinoids. The positive test results and testimony at the hearing, including that from the SYVA representative indicating that the medications that petitioner was taking would not cause a false positive based upon prior testing of the medication or the chemical compounds thereof, provide substantial evidence to support the determination of guilt (see Matter of Harris v. Goord, 273 A.D.2d 599, 600, lv dismissed 95 N.Y.2d 917; Matter of Bacchi v. Lacy, 267 A.D.2d 524).

Petitioner's argument that the hearing was not completed within the 14-day limit is incorrect, as the Hearing Officer received an extension within that time period and completed the hearing within that extended period (see Matter of Carini v Goord, 270 A.D.2d 663). Finally, the Hearing Officer properly considered petitioner's prior disciplinary history in determining the appropriate disposition.

Crew III, J.P., Peters, Spain, Rose and Kane, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

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IN THE MATTER OF SOW v. SELSKY
(May 13, 2004)