Matter of Roman v. Prack

133 A.D.3d 959, 18 N.Y.S.3d 568

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 5, 2015
• Docket: 520346
• Status: Published

Opinion

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 finding petitioner guilty of violating a prison disciplinary rule.

After petitioner’s urine twice tested positive for the presence of synthetic marihuana, he was charged in a misbehavior report with use of an intoxicant. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, positive test results and testimony at the hearing provide substantial evidence to support the determination of guilt (see Matter of Harriott v Annucci, 131 AD3d 754, 754 [2015]). A review of the record establishes that petitioner was given all relevant documentary evidence (see Matter of Paddyfote v Fischer, 118 AD3d 1240, 1241 [2014]; Matter of Jones v Venettozzi, 114 AD3d 980, 981 [2014]). Furthermore, the chain of custody and adherence to proper testing procedures were established through the documentary evidence and testimony from the correction officer who performed the urinalysis tests (see Matter of Cagle v Fischer, 108 AD3d 913, 913 [2013]). To the extent that petitioner asserts that he was improperly charged with use of an intoxicant, we find his contention to be unpersuasive (see Matter of Rolands v Prack, 131 AD3d 1334, 1335 [2015]). Petitioner’s remaining contentions have been reviewed and found to be without merit.

Peters, P.J., Egan Jr., Rose and Clark, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.