Matter of Tevault v. Prack

Appeal from a judgment of the Supreme Court (Mott, J.), entered November 25, 2014 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for buprenorphine. He was found guilty of the charge following a tier III disciplinary hearing and the determination was…