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In the Matter of ANTHONY UTTINGER, Petitioner, v. GLENN GOORD, as Commissioner of the New York State Department of Correctional Ser

MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the use of controlled substances after a sample of his urine twice tested positive for the presence of opiates. To the extent that petitioner raises a substantial evidence issue herein, we find that the misbehavior report, together with the positive results of the urinalysis tests and the testimony adduced at the hearing, constitute substantial evidence to support the charge of drug use (see, Matter of Harris v. Goord, 273 A.D.2d 599, lv dismissed 95 N.Y.2d 917). Moreover, contrary to petitioner's contention, the chain of custody for petitioner's urine sample was sufficiently documented and a proper foundation was laid for the Hearing Officer's reliance on the positive test results (see, Matter of Perez v. Goord, 274 A.D.2d 706; Matter of Harris v. Goord, supra). Any minor clerical errors on the forms were sufficiently explained during the hearing (see, Matter of Garcia v. Goord, 272 A.D.2d 694; Matter of Foust v. Goord, 262 A.D.2d 904). Finally, the record is devoid of any indication that the Hearing Officer was biased or that the outcome of the hearing flowed from any such bias (see, Matter of Harris v. Goord, 268 A.D.2d 933). Petitioner's remaining contentions, to the extent preserved, have been examined and found to be without merit.

Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur.

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

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UTTINGER v. GOORD
(Jun 28, 2001)