Hyzer 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 a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from using controlled substances after his urine sample twice tested positive for marihuana. The misbehavior report, positive test results and supporting documentation, as well as the testimony of the correction officer who performed the tests and authored the report, provide…