Mena v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of using a controlled substance after his urine sample twice tested positive for marihuana. Contrary to petitioner’s contention, the two positive urinalysis test results and the testimony of the correction officer who…