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Williams v. Ricks

Appellate Division of the Supreme Court of New York, Third Department
Jul 12, 2001
285 A.D.2d 779 (N.Y. App. Div. 2001)

Opinion

Decided and Entered: July 12, 2001.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Shawn Williams, Malone, petitioner in person.

Eliot Spitzer, Attorney-General (Alicia Ouellette of counsel), Albany, for respondent.

Before: Mercure, J.P., Spain, Carpinello, Rose and, Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

While petitioner was being removed from his cell for urinalysis testing, he was found to be in possession of a small bottle containing what the correction officers believed to be urine. Petitioner was then directed to provide a urine specimen and, after a lengthy delay, turned his back away from the supervising officer and then handed the officer a cup containing a small amount of what appeared to be spittle. According to petitioner, the determination finding him guilty of various charges arising out of this incident, including refusal to obey a direct order and a urinalysis violation, is not supported by substantial evidence.

Contrary to petitioner's claim, no chemical analysis or other scientific tests of the contents of either the bottle or the cup were required to support the conclusion that the bottle contained urine and the cup did not. Rather, the Hearing Officer could reasonably rely on the testimony of the correction officers regarding the color, odor and appearance of the containers' contents (see, Matter of Evans v. Selsky, 278 A.D.2d 780; Matter of Jenkins v. Coombe, 240 A.D.2d 825). The record contains substantial evidence to support the determination and, therefore, in the absence of any merit to petitioner's remaining argument that he was denied the right to call a witness, the determination must be confirmed.

Mercure, J.P., Spain, Carpinello, Rose and Lahtinen, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Williams v. Ricks

Appellate Division of the Supreme Court of New York, Third Department
Jul 12, 2001
285 A.D.2d 779 (N.Y. App. Div. 2001)
Case details for

Williams v. Ricks

Case Details

Full title:In the Matter of SHAWN WILLIAMS, Petitioner, v. THOMAS RICKS, as…

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

Date published: Jul 12, 2001

Citations

285 A.D.2d 779 (N.Y. App. Div. 2001)
732 N.Y.S.2d 111

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