Ellison v. Fischer

After petitioner’s urine sample twice tested positive for cannabinoids, he was served with a misbehavior report charging him with drug use. Petitioner was found guilty of that charge following a tier III disciplinary hearing. That determination was affirmed upon administrative appeal, with a reduction in the penalty assessed. Thereafter, petitioner commenced this CPLR article 78 proceeding.

Initially, we reject petitioner’s contention that he was denied the testimony of a relevant witness. One of petitioner’s main defenses was that he had recently been injected with a dye as part of a medical…