Yarbrough v. Goord
Opinion of the Court
—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was found 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 cannibinoids. We reject petitioner’s contention that the misbehavior report did not comply with the requirements of 7 NYCRR 251-3.1 because it was typewritten. Although the misbehavior report was a typewritten form, there is no requirement that it be handwritten (see generally Matter of Bryant v Coughlin, 77 NY2d 642). In any event, the correction officer who performed the tests on petitioner’s urine specimen filled in
Cardona, P.J., Crew III, Spain, Mugglin and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.