Harrison 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.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the use of controlled substances after his urine twice tested positive for the presence of marihuana. Preliminarily, to the extent that petitioner raises a substantial evidence issue, we find that the misbehavior report, together with the positive urinalysis test results and the…