| Matter of Johnson v Fischer |
| 2010 NY Slip Op 04310 [73 AD3d 1369] |
| May 20, 2010 |
| Appellate Division, Third Department |
| In the Matter of Anthony Johnson, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1]
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 a prison disciplinary rule.
Petitioner, a prison inmate, was served with a misbehavior report charging him with using acontrolled substance after his urine sample twice tested positive for cannabinoids. Following atier III disciplinary hearing, he was found guilty and that determination was affirmed onadministrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, along with the positive test results, provide substantialevidence to support the determination of petitioner's guilt (see Matter of White v Superintendent of Wyoming CorrectionalFacility, 69 AD3d 1180, 1181 [2010]; Matter of Duffy v Fischer, 69 AD3d 1073, 1074 [2010]).Furthermore, contrary to petitioner's contention, all of the necessary documentation required tosupport the admission of the positive test results into evidence was contained in the hearingrecord (see 7 NYCRR 1020.5 [a] [1]; Matter of Smart v Fischer, 67 AD3d 1222, 1222 [2009], lvdenied 14 NY3d 705 [2010]; Matter of Karapetian v Fischer, 65 AD3d 772 [2009]).
Petitioner's remaining contentions have been examined and are without merit.[*2]
Mercure, J.P., Rose, Malone Jr., Stein and Egan Jr., JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.