MATTER OF AVILES v. SELSKY

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after two EMIT urinalysis tests resulted in positive readings for the presence of cannabinoids. Challenging the determination, petitioner claims that the positive test results were caused by a prescription medication that he was taking at the time his urine was tested. However, the misbehavior report and positive test results, together with the testimony presented at the hearing, provide substantial evidence of petitioner's guilt (see, Matter of Hernandez v. McGinnis, 251 A.D.2d 769;Matter of Lopez v. Goord, 242 A.D.2d 816). We find no error in the Hearing Officer's reliance on the testimony of the correctional facility nurse which refuted evidence submitted by petitioner that the prescription drug he was taking caused a false positive (see, Matter of Lopez v. Goord, supra, at 816-817). Petitioner's remaining contentions, to the extent that they have preserved for our review, have been considered and found to be unpersuasive.

MIKOLL, J.P., YESAWICH JR., PETERS, SPAIN and MUGGLIN, JJ., concur.

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