Rodriguez v. Scully

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Appellate Division, Second Department) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner initially argues that his right to due process was violated because the Hearing Officer denied his request for a separate and distinct test to determine if he had used cocaine. Petitioner then claims that since he was not provided with an independent test to challenge the reliability of the two Syva Emit-st Drug Detection…