Matter of Epps v Prack

Matter of Epps v Prack 2015 NY Slip Op 03424 Decided on April 23, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: April 23, 2015
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[*1]In the Matter of CORY EPPS, Petitioner,

v

ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Calendar Date: February 24, 2015
Before: Peters, P.J., Garry, Rose and Lynch, JJ.

Cory Epps, Attica, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Jeffrey W. Lang of counsel), for respondent.

MEMORANDUM AND JUDGMENT

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 which found petitioner guilty of violating a prison disciplinary rule.

After a sample of his urine twice tested positive for the presence of cannabinoids, petitioner was charged in a misbehavior report with drug use. He was found guilty of the charge following a tier III disciplinary hearing, and the determination was affirmed on administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. Substantial evidence, in the form of the misbehavior report, hearing testimony and positive urinalysis

test results, supports the determination of guilt (see Matter of Bussey v Commissioner of Corr. & Community Supervision, 120 AD3d 1471, 1472 [2014]; Matter of Hyzer v Fischer, 104 AD3d 983, 983 [2013]). The request for urinalysis form and testimony of the correction officers involved further established that there was an unbroken chain of custody over the sample (see Matter of Bussey v Commissioner of Corr. & Community Supervision, 120 AD3d at 1472). Petitioner's remaining contentions, to the extent they are properly before us, have been considered and found to be without merit.

Peters, P.J., Garry, Rose and Lynch, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.