Donato v. Duncan

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

Petitioner, a prison inmate, was found guilty of possessing a controlled substance. Contrary to petitioner’s contention, we find that the detailed misbehavior report indicating that a test performed on the substance yielded positive results for marihuana was sufficiently probative to constitute substantial evidence of…