Matter of Karacostantakis v. Annucci

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

During a search of petitioner’s cube, a correction officer found a green leafy substance inside the fingertip of a latex glove that he recovered from the top of petitioner’s small locker under a towel. The substance tested negative for marihuana, but positive for amphetamines. Based on the test results and the…