Mastropietro v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this *915Court 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, an inmate, was charged in a misbehavior report with using a controlled substance after his urine twice tested positive for the presence of opiates. Although the initial determination of guilt rendered after a tier III disciplinary hearing was administratively reversed, a rehearing was ordered after which petitioner was again found guilty of the charge.…