Cruz v. Goord

*984Proceeding 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.

Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of opiates. He was found guilty following a tier III hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We are unpersuaded…