Opinion
11-05-2015
In the Matter of Jose A. ROMAN, Petitioner, v. Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Jose A. Roman, Brocton, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Jose A. Roman, Brocton, petitioner pro se.Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
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 A.D.3d 754, 754, 13 N.Y.S.3d 918 [2015] ). A review of the record establishes that petitioner was given all relevant documentary evidence (see Matter of Paddyfote v. Fischer, 118 A.D.3d 1240, 1241, 987 N.Y.S.2d 719 [2014] ; Matter of Jones v. Venettozzi, 114 A.D.3d 980, 981, 979 N.Y.S.2d 718 [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 A.D.3d 913, 913, 968 N.Y.S.2d 415 [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 Ralands v. Prack, 131 A.D.3d 1334, 1335, 16 N.Y.S.3d 788 [2015] ). Petitioner's remaining contentions have been reviewed and found to be without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
PETERS, P.J., EGAN JR., ROSE and CLARK, JJ., concur.