IN RE: Bradley RIVERA

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: Bradley RIVERA, Petitioner, v. Glenn GOORD, as Commissioner of New York State Department of Correctional Services, Respondent.

Decided: February 18, 1999

Before:  MIKOLL, J.P., YESAWICH Jr., PETERS, CARPINELLO and GRAFFEO, JJ. Bradley Rivera, Attica, petitioner in person. Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, 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.

 Based upon information received from a confidential source, petitioner, a prison inmate, was requested to submit a urine sample.   Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using unauthorized controlled substances after two urinalysis tests yielded positive results for the presence of opiates.   Notwithstanding petitioner's contentions to the contrary, we find that the record demonstrates that the appropriate testing procedures were followed and that the chain of custody was sufficiently established (see, Matter of Selby v. Coombe, 249 A.D.2d 597, 670 N.Y.S.2d 637).   Furthermore, because the determination of petitioner's guilt was not based upon the confidential information which prompted the request for petitioner's urine sample, the Hearing Officer was not required to assess the credibility of the confidential informant (see, Matter of Mitchell v. Selsky, 252 A.D.2d 639, 640, 675 N.Y.S.2d 197, 198).   We have examined petitioner's remaining contentions, including his claim of Hearing Officer bias and challenge to the sufficiency of the misbehavior report, and find them to be without merit.

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

MEMORANDUM DECISION.

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