Matter of Hines v. Venettozzi

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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

Two separate tests of petitioner’s urine sample yielded positive results for the presence of synthetic marihuana and, consequently, petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting inmates from using an intoxicant (see 7 NYCRR 270.2 [B] [14] [iii]). He was found guilty…