Hernandez v. Fischer

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 certain prison disciplinary rules.

After petitioner’s urine twice tested positive for cannabinoid *1043and. cocaine, he was charged in a misbehavior report with drug use. At the conclusion of a tier III disciplinary hearing, the Hearing Officer found petitioner guilty of the charge. The determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.*

Initially,…