AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

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

MEMORANDUM AND JUDGMENT

The misbehavior report, positive urinalysis test results indicating the presence of opiates and testimony at the hearing provide substantial evidence to support the determination finding petitioner guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance (see Matter of Willingham v. Goord, 296 A.D.2d 792). Contrary to petitioner's assertion, the failure to include petitioner's name and din number on petitioner's copy of the second urinalysis procedure form does not, under the circumstances presented here, require that the determination be annulled (see Matter of Victor v. Goord, 309 A.D.2d 1026; Matter of Uttinger v. Goord, 284 A.D.2d 826; Matter of Martinez v. Ross, 243 A.D.2d 914, appeal dismissed 91 N.Y.2d 887). The record establishes, and testimony from the correction officer who conducted the urinalysis tests confirms, an unbroken chain of custody, that petitioner's urine sample was properly handled and appropriate testing procedures were followed (see Matter of Victor v. Goord, supra at 1026). Petitioner's remaining contention has been reviewed and found to be without merit.

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

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

Use AI to get other relevant cases.

Comments

IN THE MATTER OF VELEZ v. SELSKY
(Apr 1, 2004)