Indelicato v. Mello

—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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances after the results of two urinalysis tests were positive for the presence of opiates. The positive result of the original urinalysis test, confirmed by a second test, together with the misbehavior…