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

Having twice tested positive for opiates, petitioner was charged in a misbehavior report with using a controlled *1242substance. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty as charged. Upon administrative appeal, that determination was affirmed with a modified penalty. Petitioner then…