In the Matter of Vincent Lahey v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, Appellants In…

Summary

The Court held that a positive EMIT drug test confirmed by a second EMIT test constitutes substantial evidence to support a prison disciplinary finding of drug use, and that due process does not require specific notice of the time and place of alleged use; therefore the Appellate Division judgments annulling the determinations were reversed and the petitions dismissed.