Funches v. New York State Department of Corrections & Community Supervision

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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with possession of contraband and smuggling after a leafy substance wrapped in plastic was found by the correctional facility dentist on the floor next to the dental chair after petitioner had received treatment. The leafy substance subsequently tested positive for…