Ramos v. Bennett

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 respondent Superintendent of Elmira Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of possessing alcohol after a bucket containing two to three gallons of liquid that smelled like alcohol was found in his cell. We reject petitioner’s assertion that scientific testing of the substance was required inasmuch as the nature of alcoholic beverages…