Karacostantakis v. Prack

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 which found petitioner guilty of violating a prison disciplinary rule.

Correction officers discovered a small cellophane package containing what appeared to be a marihuana cigarette during an authorized strip frisk of petitioner. The item tested positive for marihuana and petitioner was charged in a misbehavior report with possession of a controlled substance. Following a tier III…