Matter of McDonald v. Annucci

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 finding petitioner guilty of violating certain prison disciplinary rules.

During a search of petitioner’s cell, a correction officer found on the ground a honey bottle and a fingertip from a latex glove, both containing urine. Petitioner was charged with possessing contraband, committing an unhygienic act and violating urinalysis procedures. Following a tier III disciplinary hearing at which the urinalysis procedure charge was…