TORRES MORALES v. GOORD (1999)

Petitioner challenges a prison disciplinary determination finding him guilty of use of a controlled substance (former inmate rule 113.12 [7 NYCRR former 270.2[B][14] [former iii]] ).   Petitioner contends that the determination is not supported by substantial evidence and that the hearing was not conducted in a fair and impartial manner.

 The misbehavior report, together with the author's testimony, that of another correction officer, and the EMIT test results, constitutes substantial evidence of drug use (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135, 138, 524 N.Y.S.2d 30, 518 N.E.2d 924).   Petitioner's challenges to the testing procedure, including the challenge to the chain of custody and the timing of the tests, are without merit (see generally, Matter of McGill v. Coughlin, 182 A.D.2d 1103, 1103-1104, 583 N.Y.S.2d 702).   The record does not support the contention that the Hearing Officer prejudged the case or conducted the hearing in a manner unfair to petitioner (see, Matter of Ortiz v. Rourke, 241 A.D.2d 962, 963, 661 N.Y.S.2d 401;  Matter of Barnhill v. Coombe, 239 A.D.2d 719, 721, 657 N.Y.S.2d 492).

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM: