Paruta 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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of using a controlled substance after two urinalysis tests revealed that he had used marihuana. He commenced this CPLR article 78 proceeding challenging the administrative determination on the ground, inter alia, that the urinalysis tests were not conducted in accordance with regulatory requirements.

Initially,…