Opinion
Decided and Entered: June 22, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Edwardo Acosta, Pine City, petitioner in person.
Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondents.
Before: Cardona, P.J., Peters, Carpinello, Graffeo and Mugglin, JJ.
MEMORANDUM AND JUDGMENT
Petitioner, a prison inmate, was found guilty of using a controlled substance in violation of a prison disciplinary rule after petitioner's urine specimen twice tested positive for the presence of cannabinoids. The misbehavior report, together with the positive results of two urinalysis tests and the testimony of the correction officer who authored the misbehavior report, amply support the determination of petitioner's guilt (see, Matter of Mercado v. Selsky, 270 A.D.2d 550, 703 N.Y.S.2d 762; Matter of Bradstreet v. Goord, 268 A.D.2d 832, 700 N.Y.S.2d 777). Contrary to petitioner's contention, the record reveals that the chain of custody was sufficiently documented and that a proper foundation was established for the reliance on the positive test results (see, Matter of Harris v. Goord, 268 A.D.2d 933, 934, 702 N.Y.S.2d 676, 677). To the extent that petitioner's remaining contentions have been preserved for our review, they are without merit.
Cardona, P.J., Peters, Carpinello, Graffeo and Mugglin, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.