Matter of Allred v Goord
2008 NY Slip Op 01044 [48 AD3d 847]
February 7, 2008
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


In the Matter of Jeffrey Allred, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[*1] Jeffrey Allred, Rome, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier III disciplinary hearing, petitioner was found guilty of using drugs, namely marihuana. Upon administrative appeal, that determination was affirmed with a modified penalty. This CPLR article 78 proceeding by petitioner ensued.

We confirm. The misbehavior report, together with the positive urinalysis test results and related documentation, as well as the testimony adduced at the hearing, comprise substantial evidence to support the determination of guilt (see Matter of Marino v New York State Dept. of Correctional Servs., 41 AD3d 1004, 1005 [2007]; Matter of Cruz v Goord, 28 AD3d 983, 984 [2006]). Contrary to petitioner's claims, the record reveals that a proper chain of custody was maintained throughout the collection and testing of petitioner's urine specimen, and there is no evidence that the specimen was either tampered with or confused with another sample (see Matter of Saif'Ul'Bait v Goord, 15 AD3d 703, 705 [2005]). Petitioner's remaining contention that the Hearing Officer was biased is wholly without merit.

Cardona, P.J., Mercure, Rose, Kane and Malone Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.