Matias v. Selsky

*1262Proceeding 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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

During a search of petitioner’s cell, a correction officer found a bag of marihuana inside a box of sugar lying on the floor. Petitioner was thereafter charged in a misbehavior report with drug possession. Following a tier III disciplinary hearing, he was found guilty of the charge and the determination was affirmed on…