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Matter of Dell'orfano v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 1994
209 A.D.2d 798 (N.Y. App. Div. 1994)

Opinion

November 10, 1994

Appeal from the Supreme Court, Clinton County.


Despite petitioner's arguments to the contrary, the misbehavior report and hearing evidence provided substantial evidence to support the determination finding him guilty of possession of a controlled substance. As to petitioner's numerous remaining contentions, we have examined them and find them to be either without merit or unpreserved for our review. Contrary to petitioner's claims, he was not deprived of a fair hearing or equal protection of the laws. Moreover, petitioner was not prejudiced by any minor irregularities with the misbehavior report or "strip frisk" form, and his objections regarding the performance of the drug test were correctly found to be unavailing.

Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Dell'orfano v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 1994
209 A.D.2d 798 (N.Y. App. Div. 1994)
Case details for

Matter of Dell'orfano v. Coughlin

Case Details

Full title:In the Matter of JOHN J. DELL'ORFANO, Petitioner, v. THOMAS A. COUGHLIN…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 10, 1994

Citations

209 A.D.2d 798 (N.Y. App. Div. 1994)
618 N.Y.S.2d 599

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