Hughes v. Coughlin

—Mercure, J. P.

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

While being escorted within Eastern Correctional Facility in Ulster County, the smell of alcohol was detected on petitioner’s breath by the escorting correction officer and thereafter confirmed by the facility’s nurse. The escorting officer then searched petitioner’s cell and discovered several containers with…