Cushing-Gale v. Smith

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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Following a hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of a controlled substance after two drug tests produced positive results for the presence of cannabinoids in his urine. The determination was affirmed upon administrative review, and this CPLR article 78…