Opinion
2013-04-25
In the Matter of Tyrone SCHAFFER, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Tyrone Schaffer, Red Creek, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus T. Mastracco of counsel), for respondent.
Tyrone Schaffer, Red Creek, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus T. Mastracco of counsel), for respondent.
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.
A sample of petitioner's urine twice yielded a positive urinalysis test result, and he was accordingly charged in a misbehavior report with violating the prison disciplinary rule prohibiting drug use. He was found guilty as charged following a tier III disciplinary hearing, and his administrative appeal was unsuccessful. Petitioner then commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, test documentation and hearing testimony provide substantial evidence to support the determination of guilt ( see Matter of Davis v. Fischer, 98 A.D.3d 1154, 1155, 950 N.Y.S.2d 803 [2012];Matter of Blake v. Fischer, 87 A.D.3d 771, 772, 927 N.Y.S.2d 811 [2011] ). The testimony of the officers involved further established that a proper chain of custody over the sample was maintained, notwithstanding that the relevant documentation was not signed by the *608officers and incorrectly noted the date when the sample was taken ( see Matter of Davis v. Fischer, 98 A.D.3d at 1155, 950 N.Y.S.2d 803;Matter of Geraci v. Fischer, 63 A.D.3d 1467, 1468, 880 N.Y.S.2d 865 [2009];Matter of Patterson v. Goord, 266 A.D.2d 611, 611, 697 N.Y.S.2d 764 [1999] ). Petitioner's related challenge to the adequacy of the misbehavior report, to the extent it is properly before us, has been examined and found to lack merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.