Garcia v. New York State Department of Correctional Services

—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 certain prison disciplinary rules.

Petitioner is an inmate at Woodbourne Correctional Facility in Sullivan County. After two urinalysis tests proved positive for the presence of barbiturates, petitioner was charged with *698violating a prison disciplinary rule prohibiting inmates from using controlled substances. A hearing ensued at which petitioner denied…