Mercado v. Selsky

—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.

After two tests performed on petitioner’s urine sample yielded positive results for the presence of opiates, petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances. Contrary to petitioner’s contention, the misbehavior report, the positive results of the…