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In the Matter of ANTONIO GONZALEZ, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him 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 opiates. Contrary to petitioner's contention, the misbehavior report, the two positive urinalysis tests results and the testimony at the hearing provide substantial evidence of petitioner's guilt (see Matter of Goodwine v. Selsky, 291 A.D.2d 773, 751 N.Y.S.2d 77; Matter of Woods v. Selsky, 291 A.D.2d 773). The conflicting testimony at the hearing from petitioner and a representative of SYVA as to whether the amount of poppy seed crackers petitioner had eaten was likely to account for a false positive test result created a credibility issue for the Hearing Officer to resolve (see Matter of Wood v. Selsky, 240 A.D.2d 876). Petitioner's remaining contentions, including that the penalty imposed was harsh or excessive, have been reviewed and found to be without merit.

Cardona, P.J., Mercure, Crew III, Carpinello and Rose, JJ., concur.

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

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GONZALEZ v. SELSKY
(Jan 30, 2003)