Sweet v. Coughlin

Appeal from a judgment of the Supreme Court (Lewis, J.), entered April 7, 1989 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate at Clinton Correctional Facility in Clinton County, was charged with use of a controlled substance in violation of State-wide rule 113.12 (see, 7 NYCRR 270.1 [b] [14] [iv]). At a Tier III disciplinary hearing, the results of two separate EMIT tests…