Cruz 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 a prison disciplinary rule.

Petitioner was found guilty of violating urinalysis testing procedures after he admittedly failed to provide a urine sample within three hours of having been directed to do so. Substantial evidence of petitioner’s guilt was presented at his disciplinary hearing in the form of the misbehavior report and petitioner’s admission of guilt (see Matter of Infante v…