Rivera v. Selsky

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

*963After his urine tested positive for the presence of opiates, petitioner, a prison inmate, was found guilty of, inter alia, violating the prison disciplinary rule that prohibits inmates from using a controlled substance. He thereafter commenced this CPLR article 78 proceeding contending that the determination is not supported…