Bussey v. Commissioner of Corrections & Community Supervision

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 which found petitioner guilty of violating a prison disciplinary rule.

*1472When all inmates in a section of the prison were subjected to drug testing, petitioner submitted a urine sample that appeared to be water. A second urine sample was accordingly collected from him (see 7 NYCRR 1020.4 [a] [1]), which twice tested positive for marihuana. Petitioner was charged in a misbehavior report with drug use and, following a tier III…