Liakis 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 a prison disciplinary rule.

Contrary to petitioner’s assertion, the underlying misbehavior report is sufficient to support the finding that petitioner violated urinalysis testing procedures by failing to provide a urine sample within the time allotted when ordered to do so by facility personnel (see Matter of Levy v Goord, 22 AD3d 929 [2005]). Petitioner also…