Brown v. O'Keefe

Appeal from an order of the Supreme Court (Duskas, J.), entered April 21, 1987 in St. Lawrence County, which, upon reargument, granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate at Ogdensburg Correctional Facility in St. Lawrence County, was charged in an inmate misbehavior report with using controlled substances based upon the presence of benzodiazepine in a urine test. At the ensuing Superintendent’s…