IN RE: Wayne JANDURA (1998)

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits the possession of a controlled substance after a frisk and search of petitioner and his belongings uncovered two marihuana cigarettes hidden inside a cigarette box.   The misbehavior report and the positive test results indicating that the substance was marihuana, together with the testimony of the correction officer who authored the misbehavior report, provide substantial evidence to support the determination of petitioner's guilt (see, Matter of Moley v. Selsky, 245 A.D.2d 588, 589, 664 N.Y.S.2d 843, 844).   Although petitioner denied that the cigarette box was his and disagreed with the correction officer's description of the frisk procedure, it was for the Hearing Officer to resolve any credibility issues (see, Matter of Islar v. Coombe, 226 A.D.2d 851, 640 N.Y.S.2d 650).   Even if preserved for our review (see, Matter of Murphy v. Selsky, 239 A.D.2d 724, 657 N.Y.S.2d 496), we would find petitioner's remaining contentions, including his challenges to the chain of custody of the confiscated marihuana and the procedures used in testing it, to be without merit.

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

MEMORANDUM DECISION.