Simpkins v. Riley

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Benson, J.), entered January 23, 1992 in Dutchess County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty, after a Superintendent’s hearing, of violating a prison disciplinary rule prohibiting the use *1010of a controlled substance. Evidence presented at the hearing…