Opinion
November 7, 1991
Appeal from the Supreme Court, Albany County.
We reject petitioner's contention that the determination of guilt is not supported by substantial evidence. The positive test results of two EMIT tests alone can constitute substantial evidence to support a finding that an inmate is guilty of violating a rule prohibiting the use of controlled substances (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135; Matter of McKins v Coughlin, 142 A.D.2d 987, lv denied 74 N.Y.2d 603). We also find no support in the record for his claim that the Hearing Officer was biased or any proof that the hearing's outcome flowed from the alleged bias (see, Matter of Nieves v. Coughlin, 157 A.D.2d 943). We have examined petitioner's remaining contentions and find them either unpreserved for review or lacking in merit.
Mahoney, P.J., Weiss, Yesawich Jr., Levine and Harvey, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.