Claim of Diaz v. Dowling

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

Based upon a correction officer’s observation of petitioner’s unusual behavior and the smell of marihuana in the area where petitioner was located, a urine sample was collected from petitioner (see, 7 NYCRR 1020.4 [a] [1]). Petitioner was charged with, and ultimately found guilty of, violating the prison disciplinary rule which prohibits inmates from using a…