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

Petitioner was found guilty of violating the prison discipli*830nary rule prohibiting the unauthorized possession of a controlled substance after a search of his cell produced a cigarette containing a substance identified by laboratory testing as marihuana. The determination of petitioner’s guilt was upheld on administrative…