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In the Matter of JOSE FELTON, 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 prohibiting inmates from the unauthorized use of controlled substances after his urine twice tested positive for the presence of cannabinoids. Substantial evidence of petitioner's guilt is found in the misbehavior report, the positive laboratory test results with their supporting documentation, and the hearing testimony of the correction officer who prepared the misbehavior report after collecting petitioner's urine specimen and performing the laboratory tests thereon (see Matter of Valerio v. Selsky, 306 A.D.2d 713; Matter of Tingue v. McCoy, 299 A.D.2d 779). Petitioner's contention that he was improperly denied the right to call a witness has been examined and found to be meritless.

Cardona, P.J., Crew III, Carpinello, Mugglin and Kane, JJ., concur.

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

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IN THE MATTER OF FELTON v. SELSKY
(Dec 11, 2003)