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

The detailed misbehavior report indicating that petitioner’s urine twice tested positive for cannabinoids constitutes substantial evidence to support the finding that petitioner was guilty of using a controlled substance (see, Matter of Kussius v Walker, 247 AD2d 911). The test documents attached to the misbehavior report…