Lugo v. Coughlin

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

Petitioner was found guilty of violating prison disciplinary rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]) prohibiting inmates from using controlled substances.

Petitioner’s sole contention in this proceeding is that the positive test results could be attributable to his ingestion of cold medication given to him by other…