| Matter of Karapetian v Fischer |
| 2009 NY Slip Op 06206 [65 AD3d 772] |
| August 13, 2009 |
| Appellate Division, Third Department |
| In the Matter of Edgar Karapetian, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff 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 respondent which foundpetitioner guilty of violating certain prison disciplinary rules.
In February 2008, petitioner, an inmate, was charged in a misbehavior report with violatingthe prison disciplinary rule prohibiting the use of a controlled substance after a sample of hisurine twice tested positive for the presence of cannabinoids. He was found guilty following a tierIII disciplinary hearing. Petitioner's administrative appeal resulted in a reduction of the penaltyimposed but was otherwise unsuccessful, and he thereafter commenced this proceeding pursuantto CPLR article 78 setting forth both evidentiary and procedural challenges.
We confirm. The misbehavior report together with the positive urinalysis test results andsupporting documentation, as well as the testimony of the correction officer who performed theurinalysis, provide substantial evidence of petitioner's guilt (see Matter of Smith vDubray, 58 AD3d 968, 968 [2009]; Matter of Sierra v Dubray, 58 AD3d 970[2009]). Furthermore, "the supporting documentation established the proper foundation for thereliance on the positive test results" (Matter of Smith v Dubray, 58 AD3d at 969;see 7 NYCRR 1020.5 [a]; Matter of Williams v Selsky, 45 AD3d 1023, 1024 [2007]).[*2]
Petitioner's remaining contentions have been examinedand have been found to be without merit.
Cardona, P.J., Peters, Rose, Malone Jr. and Stein, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.