MATTER OF DAVIS v. GOORD

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after two tests performed on his urine sample yielded positive results for the presence of opiates. Contrary to petitioner's contention, the misbehavior report, the positive results of the urinalysis tests and the testimony of the correction officer who authored the misbehavior report and performed the urinalysis test on petitioner's sample constitute substantial evidence to support the charge of drug use (see,Matter of Lagano v. Goord, 263 A.D.2d 756, 694 N.Y.S.2d 198; Matter of Rivera v. Goord, 261 A.D.2d 754). We have examined petitioner's remaining arguments, including his claim that his due process rights were infringed due to the denial of his request for a copy of the SYVA ETS operation manual (see, Matter of Foust v. Goord, 262 A.D.2d 904, 694 N.Y.S.2d 489; Matter of Kussius v. Walker, 247 A.D.2d 911), and find them to be unpersuasive.

Crew III, J.P., Peters, Spain, Carpinello and Graffeo, JJ., concur.

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