Appellate Division of the Supreme Court of New York, 2007

Williams v. Selsky

Appellate Division of the Supreme Court of New York · Decided November 8, 2007

45 A.D.3d 1023; 844 N.Y.S.2d 788

Cases that cite this one

3 later published cases cite this decision.

Xao He Lu v. New York State Department of Corrections (Appellate Division of the Supreme Court of New York 2010)
Smith v. Dubray (Appellate Division of the Supreme Court of New York 2009)
Karapetian v. Fischer (Appellate Division of the Supreme Court of New York 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of using a controlled substance. That determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The misbehavior report, together with the positive urinalysis test results and related documentation, as well as the hearing testimony provide substantial evidence to support the determination of guilt (see Matter of Hoover v Goord, 38 AD3d 1069, 1070 [2007], lv denied 8 NY3d 816 [2007]). Con*1024trary to petitioner’s assertion, the record reveals that the appropriate foundation was established for the introduction of and reliance upon the drug test results (see 7 NYCRR 1020.5; Matter of Pollard v Goord, 18 AD3d 1041, 1041-1042 [2005]). Petitioner’s remaining contentions have been scrutinized and found to be unpersuasive.

Crew III, J.P., Peters, Carpinello, Mugglin and Rose, 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.