Abraham v. State

*999Petitioner, a prison inmate, initially was charged in a misbehavior report with threatening a fellow inmate and, after his urinalysis sample tested positive for the presence of opiates, was issued a second misbehavior report based upon that test result. Following two tier III disciplinary hearings, petitioner was found guilty of both charges and separate administrative penalties were imposed. Petitioner’s subsequent administrative appeals proved unsuccessful, prompting him to commence this proceeding pursuant to CPLR article 78 seeking to annul both of the underlying determinations.

We…