Gatson v. Selsky

—White, J.

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.

Petitioner was found guilty, after a disciplinary hearing, of violating a prison disciplinary rule prohibiting the use of controlled substances. Even though the positive results of a drug test, confirmed with the results of a second test, provide substantial evidence supporting respondent’s determination (see, Matter of Lahey v Kelly, 71 NY2d 135, 138),…