Livingston v. Fischer

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.

Having twice tested positive for cannabinoids, petitioner was charged in a misbehavior report with using a controlled *1153substance. Following a tier III disciplinary hearing, petitioner was found guilty as charged. That determination was administratively affirmed and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the positive…