Steward v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.

*1524Petitioner commenced this CPLR article 78 proceeding challenging two determinations finding him guilty of violating various prison disciplinary rules following two tier III disciplinary hearings. The first misbehavior report charged petitioner with drug use — after his urine twice tested positive for the presence of opiates — and violating urinalysis…