Conway v. Commissioner of Department of Correctional Services

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

Petitioner challenges a tier III disciplinary determination finding him guilty of violating the prison disciplinary rules which prohibit the unauthorized use of a controlled substance after his urine sample twice tested positive for the presence of cannabinoids. Petitioner maintains that a combination of his medications could have resulted in a false positive…