Gasbara 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.

Petitioner, an inmate, was found guilty of using a controlled substance in violation of a prison disciplinary rule after two urinalysis tests performed on his urine sample yielded positive results for the presence of opiates. He thereafter commenced this CPLR article 78 proceeding challenging the determination of his guilt and the…