Froceeding pursuant to CFLR 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 certain prison disciplinary rules.
Eetitioner was charged in a misbehavior report with possession of contraband and drugs after a correction officer recovered from his cell a lighter, as well as an empty flex pen and a fork, both which had burn marks and contained residue, which later tested positive for marihuana. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. After the determination was affirmed on administrative appeal, petitioner commenced this CFLR article 78 proceeding.
We confirm. The detailed misbehavior report, together with the testimony of the officer who tested the residue and the pos
Crew III, J.P., Carpinello, Mugglin, Rose and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
