Williams 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 a prison disciplinary rule.

After a sample of his urine twice tested positive for THC, petitioner was charged in a misbehavior report with using drugs. Following a tier III disciplinary hearing, he was found guilty of the charge, and that determination was upheld upon administrative review with a modification to the penalty. Petitioner thereafter commenced this CPLR article 78 proceeding.

We…