Aster v. Goord

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.

As the result of two urinalysis tests, which were positive for opiates, petitioner was charged with using a controlled substance and, after a tier III hearing, he was found guilty of the charge. A review of the record reveals no support for petitioner’s claim that the Hearing Officer was biased and predisposed to finding him guilty (see, Matter of Nicholas v…