Martin v. Coughlin

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

Following a tier III disciplinary hearing, petitioner, an inmate at Elmira Correctional Facility in Chemung County, was found guilty of violating State-wide rule 113.12 (see, 7 NYCRR 270.2 [B] [14] [iii]) prohibiting the use of controlled substances. Two EMIT drug tests proved positive for the presence of cannabinoids in a…