Booker v. Artus

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

After petitioner’s urine specimen twice tested positive for cocaine, he was charged in a misbehavior report with using a controlled substance. A tier III disciplinary hearing was thereafter conducted, at the conclusion of which petitioner was found guilty. That determination was affirmed upon administrative appeal and this CPLR…