Opinion
92528
Decided and Entered: July 10, 2003.
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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
John Coppins, Cape Vincent, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Andrea Oser of counsel), for respondents.
Before: Cardona, P.J., Mercure, Crew III, Peters and, Carpinello, JJ.
MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of controlled substances after his urine tested positive for the presence of opiates. The misbehavior report, the positive urinalysis test results with substantiating documentation, and the hearing testimony provide substantial evidence supporting the determination (see Matter of Gonzalez v. Selsky, 301 A.D.2d 1019;Matter of Jimenez v. Goord, 278 A.D.2d 577). Petitioner's claim that his urine yielded false positive test results due to fentanyl, a prescription medication he had ingested approximately two weeks prior to testing, was contradicted by testimony from a representative of the manufacturer of the urinalysis testing equipment, the correction officer who conducted the test on petitioner's urine and a physician's assistant at the facility. This conflict in the hearing testimony presented issues of credibility for resolution by the Hearing Officer (see Matter of Goodwine v. Selsky, 299 A.D.2d 782) as did petitioner's adamant denial that he had taken opiates (see Matter of Woods v. Selsky, 291 A.D.2d 773, 774).
We are unpersuaded by the contention that the determination is invalidated by the Hearing Officer's failure to make an independent assessment of the credibility of the confidential informant whose information led to the testing of petitioner's urine. There is no such requirement in cases where, as in this matter, the determination of guilt was based upon evidence that was entirely independent of the confidential information that triggered the investigation (see Matter of Arnett v. Goord, 305 A.D.2d 832, 758 N.Y.S.2d 554; Matter of Busted v. Goord, 283 A.D.2d 692). The remaining contentions raised herein have been reviewed and found to be without merit.
Cardona, P.J., Mercure, Crew III, Peters and Carpinello, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.