Pagan v. Selsky

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 Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

*1121Petitioner, an inmate, was charged in a misbehavior report with illicit drug use. Following a tier III disciplinary hearing, he was found guilty of that charge. After exhausting his administrative remedies, petitioner commenced this CPLR article 78 proceeding challenging the determination.

We confirm. The misbehavior report, positive…