Delgado v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this *1172Court 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 was charged in a misbehavior report with unauthorized use of a controlled substance after his urine specimen twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, petitioner was found guilty. The determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78.

“Inmates…