Opinion
94451.
Decided and Entered: April 1, 2004.
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.
Luis Velez, Alden, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Andrea Oser of counsel), for respondent.
Before: Crew III, J.P., Peters, Spain, Rose and Kane, JJ.
MEMORANDUM AND JUDGMENT
The misbehavior report, positive urinalysis test results indicating the presence of opiates and testimony at the hearing provide substantial evidence to support the determination finding petitioner guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance (see Matter of Willingham v. Goord, 296 A.D.2d 792). Contrary to petitioner's assertion, the failure to include petitioner's name and din number on petitioner's copy of the second urinalysis procedure form does not, under the circumstances presented here, require that the determination be annulled (see Matter of Victor v. Goord, 309 A.D.2d 1026; Matter of Uttinger v. Goord, 284 A.D.2d 826; Matter of Martinez v. Ross, 243 A.D.2d 914, appeal dismissed 91 N.Y.2d 887). The record establishes, and testimony from the correction officer who conducted the urinalysis tests confirms, an unbroken chain of custody, that petitioner's urine sample was properly handled and appropriate testing procedures were followed (see Matter of Victor v. Goord, supra at 1026). Petitioner's remaining contention has been reviewed and found to be without merit.
Crew III, J.P., Peters, Spain, Rose and Kane, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.