Opinion
June 11, 1998
The positive results of two urinalysis tests indicating the presence of marihuana, together with the misbehavior report and the testimony presented at the disciplinary hearing, provide substantial evidence to support the determination finding petitioner, a prison inmate, guilty of using "a controlled substance in violation of a prison disciplinary rule ( see, Matter of Bonilla v. Coombe, 221 A.D.2d 782, lv denied 87 N.Y.2d 807). Although petitioner was taking medication at the time of the urinalysis test, both a correction officer who conducted one of the urinalysis tests and a nurse at the correction facility testified that the medication would not have caused a false positive for marihuana. Furthermore, we reject petitioner's contention that respondents failed to comply with the relevant regulations governing urinalysis testing procedures or failed to conduct the appropriate inquiries. Petitioner's remaining contentions have been reviewed and are either without merit or not properly before this Court.
Cardona, P. J., Mikoll, Crew III, Yesawich Jr. and Graffeo, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.