Jandura v. Selsky

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits the possession of a controlled substance after a frisk and search of petitioner and his belongings uncovered two marihuana cigarettes hidden inside a cigarette box. The misbehavior report and the positive test results indicating…