Guerrero v. New York State Department of Corrections & Community Supervision

*1169Proceeding 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 which found petitioner guilty of violating a prison disciplinary rule.

When a urine sample provided by petitioner, a prison inmate, twice tested positive for the presence of cannabinoids, he was charged in a misbehavior report with the use of a controlled substance. Petitioner was found guilty of the charge following a tier III disciplinary hearing, and the determination was affirmed on…