Schaffer v. Fischer

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.

A sample of petitioner’s urine twice yielded a positive urinalysis test result, and he was accordingly charged in a misbehavior report with violating the prison disciplinary rule prohibiting drug use. He was found guilty as charged following a tier III disciplinary hearing, and his administrative appeal was unsuccessful. Petitioner then commenced this CPLR article…