Rivera v. Goord

—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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of controlled substances. Although the misbehavior report and the testimony of the correction officer who tested petitioner’s urine stated that it twice tested positive for the presence of cannabinoids, which could support a guilty finding with proper…