Smith 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.

Petitioner, a prison inmate, was found guilty of using a controlled substance in violation of a prison disciplinary rule after petitioner’s urine specimen twice tested positive for the presence of cannabinoids. In light of the two positive test results and the correctional facility nurse’s testimony that petitioner’s…