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

MEMORANDUM AND JUDGMENT

Petitioner was served with a misbehavior report alleging that two EMIT tests performed on petitioner's urine sample yielded positive results for the presence of cannabinoids. At the ensuing tier III prison disciplinary hearing, petitioner pleaded guilty to violating the prison disciplinary rule that prohibits inmates from using controlled substances. In our view, petitioner's admission of guilt, combined with, inter alia, the positive results of the urinalysis tests, constitute substantial evidence supporting the charge of drug use (see, Matter of Kussius v. Walker, 247 A.D.2d 911, 912). Contrary to petitioner's contention, a proper foundation was laid for the reliance on the positive test results. Petitioner's remaining contentions, including his claims of insufficient notice, Hearing Officer bias and ineffective employee assistance, have been reviewed and, to the extent that they were preserved for appellate review, found to be unpersuasive.

Peters, J.P., Spain, Carpinello, Graffeo and Mugglin, JJ., concur.

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

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MATTER OF RODRIGUEZ v. GOORD
(Jan 20, 2000)