Jackson v. Annucci

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.

Petitioner, a prison inmate, was selected randomly for drug testing, and a sample of his urine twice tested positive for cannabinoids. As a result, petitioner was charged in a misbehavior report with using a controlled substance and, following a tier III disciplinary hearing, was found guilty. That determination was affirmed upon administrative appeal, with a…