Hernandez v. McGinnis

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

The positive results of two urinalysis tests indicating the presence of marihuana, together with the misbehavior report and the testimony presented at the disciplinary hearing, provide substantial evidence to support the determination finding petitioner, a prison inmate, guilty of using a controlled substance in violation of a…