Mitchell 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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of using a controlled substance after two tests on petitioner’s urine yielded positive results for the presence of opiates. Contrary to petitioner’s contention, the misbehavior report, positive test results and testimony presented at the hearing provide substantial evidence of petitioner’s guilt (see, Matter of Aviles…