Moolenaar v. Fischer

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.

Petitioner, suspected of marihuana use, was required to submit a urine sample, which twice tested positive for cannabinoids. Following a tier III disciplinary hearing, petitioner was found guilty of using a controlled substance. After an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, the…