David v. Goord

—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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit the unauthorized use of a controlled substance and violating temporary release program rules after his urine sample twice tested positive for the presence of cocaine upon his return from temporary release. Contrary to petitioner’s assertion,…