Nunez v. Bezio

After petitioner, a prison inmate, was required to submit to a random drug test, his urine twice tested positive for opiates and he was served with a misbehavior report charging him with the use of a controlled substance. A tier III disciplinary hearing ensued, after which petitioner was found guilty of that charge. The determination was affirmed administratively, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. To the extent that petitioner challenges the determination based upon substantial evidence grounds, the misbehavior report, positive test results and…