Gawlick v. Fischer

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 was charged in a misbehavior report with possession of a controlled substance, use of a controlled substance and possession of unauthorized medication. The report was issued *1283after petitioner, while in the course of being treated for seizure-like activity, stated that he had smoked some marihuana and ingested certain medication that he received…