Opinion
89691
Decided and Entered: December 27, 2001.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Jerome Bonaparte, Attica, petitioner pro se.
Eliot Spitzer, Attorney-General (Peter H. Schiff of counsel), Albany, for respondents.
Before: Mercure, J.P., Crew III, Spain, Carpinello and Rose, JJ.
MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from using controlled substances after a sample of his urine twice tested positive for the presence of cannabinoids. To the extent that the petition raises a substantial evidence issue, we find that the misbehavior report, together with the positive results of the urinalysis tests and the evidence adduced at the hearing, constitute substantial evidence to support the charge of drug use (see, Matter of Melluzzo v. Selsky, 287 A.D.2d 850, 731 N.Y.S.2d 518). Likewise, we find that petitioner failed to demonstrate that the correction officer who performed the urinalysis tests did not adhere to the proper testing procedures (see, Matter of Morales v. Selsky, 281 A.D.2d 658, lv denied 96 N.Y.2d 713; Matter of Giano v. Selsky, 273 A.D.2d 570, lv denied 95 N.Y.2d 764). Finally, we find that the misbehavior report was sufficiently detailed to enable petitioner to prepare a defense (see,Matter of Ng v. Goord, 285 A.D.2d 791).
Mercure, J.P., Crew III, Spain, Carpinello and Rose, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.