Carter v. Senkowski

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of a controlled substance after his urine sample twice tested positive for the presence of cannabinoids. Contrary to petitioner’s contention, the record provides that a proper foundation was laid for the introduction of the…