Laraby v. Goord, 244 A.D.2d 690 (N.Y. App. Div. 1997). · Go Syfert
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Laraby v. Goord, 244 A.D.2d 690 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 1 distinct court.
Strongest positive: Carter v. Senkowski (nyappdiv, 2000-12-21)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Carter v. Senkowski
N.Y. App. Div. · 2000 · signal: see also · confidence low
Contrary to petitioner’s contention, the record provides that a proper foundation was laid for the introduction of the positive urinalysis test results and that the correction officer who conducted the urinalysis reasonably complied with the testing procedures (see, 7 NYCRR 1020.5 [a] [1]; see also, Matter of Laraby v Goord, 244 AD2d 690 ).
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In the Matter of Edward G. Laraby
v.
Glenn S. Goord, as Commissioner of the Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York.
Nov 13, 1997.
244 A.D.2d 690
1997 N.Y. App. Div. LEXIS 11472
Cited by 5 opinions  |  Published

—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.

Petitioner was found guilty of violating the prison disciplinary rule which prohibits the unauthorized use of controlled substances after his urine sample tested positive for the presence of cannabinoids. The misbehavior report, the positive results of two EMIT urinalysis tests and the testimony of the correction officer who conducted the tests provide substantial evidence to support the finding of guilt (see, Matter of Lahey v Kelly, 71 NY2d 135, 143; Matter of Samuels v Goord, 242 AD2d 841). Contrary to petitioner’s claim, the record establishes that a proper foundation was laid for the introduction of the[*691] urinalysis test results (see, 7 NYCRR 1020.5 [a] [1]) and that the correction officer reasonably complied with the regulatory procedures for conducting the tests (see, Matter of Frazier v Coombe, 224 AD2d 794, 795). Petitioner’s remaining contentions have been examined and found to be without merit.

Mikoll, J. P., Mercure, Casey, Yesawich Jr. and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.