Matter of Rivera v. Prack

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 drug possession after a search of his cube revealed under his pillow an orange piece of paper with N8 imprinted on it, which was later identified as a soboxone sublingual film. Following a prison disciplinary proceeding, petitioner was found guilty as charged and that…