Ruiz v. Goord

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 charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of cocaine as well as opiates. Following a tier III disciplinary hearing, petitioner was found guilty of the charge. After the determination was affirmed on administrative appeal, he commenced this CPLR article 78…