Ramos v. Annucci

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 respondent which found petitioner guilty of violating a prison disciplinary rule.

After his urine sample tested positive for the presence of opiates, petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting drug use. He pleaded guilty to the charge and explained that he had previously been prescribed a narcotic for back pain, improperly kept some of the pills for future use, and took them a few days…