Selby v. Coombe

—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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a State prison inmate, was found guilty of the unauthorized use of a controlled substance in violation of prison disciplinary rules after his urine tested positive for the presence of cannabinoids. Although the positive test result, confirmed by a second test, is alone sufficient to constitute substantial evidence…