| Matter of Williams v Selsky |
| 2007 NY Slip Op 08340 [45 AD3d 1023] |
| November 8, 2007 |
| Appellate Division, Third Department |
| In the Matter of Aaron Williams, Petitioner, v Donald Selsky, asDirector of Special Housing and Inmate Disciplinary Programs,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Nancy Spiegel of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Albany County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating a prison disciplinary rule.
At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of using acontrolled substance. That determination was affirmed on administrative appeal, promptingpetitioner to commence this CPLR article 78 proceeding.
We confirm. The misbehavior report, together with the positive urinalysis test results andrelated documentation, as well as the hearing testimony provide substantial evidence to supportthe determination of guilt (see Matter ofHoover v Goord, 38 AD3d 1069, 1070 [2007], lv denied 8 NY3d 816 [2007]).Contrary to petitioner's assertion, the record reveals that the appropriate foundation wasestablished for the introduction of and reliance upon the drug test results (see 7 NYCRR1020.5; Matter of Pollard v Goord,18 AD3d 1041, 1041-1042 [2005]). Petitioner's remaining contentions have been scrutinizedand found to be unpersuasive.[*2]
Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.