Vega v. Bezio

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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged with violating the prison disciplinary rule prohibiting the use of a controlled substance after his urine twice tested positive for the presence of opiates. Following a tier III disciplinary hearing, petitioner was found guilty as charged. The determination was upheld upon administrative appeal,…