IN RE: Teraine SLIDE (2024)

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 respondent Superintendent of Sing Sing Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with drug use after the urine sample he was directed to provide tested positive for the use of cannabinoid.  At the ensuing tier II disciplinary hearing, petitioner pleaded guilty to the charge, admitting that he used marihuana.  Petitioner attempted twice to administratively appeal the decision but received no response.  Ultimately, petitioner filed a grievance seeking a response to his appeals.  The grievance investigation determined that the first appeal was not received but the second appeal was received and the decision was affirmed.  This proceeding ensued.

We confirm.  Petitioner is precluded from challenging the sufficiency of the evidence underlying the drug charge, i.e., the validity of the drug test, inasmuch as he pleaded guilty to using marihuana (see Matter of Mena v. Gutwein, 216 A.D.3d 1384, 1385, 188 N.Y.S.3d 278 [3d Dept. 2023], lv denied 40 N.Y.3d 906, 2023 WL 6977068 [2023];  Matter of Davis v. Annucci, 210 A.D.3d 1166, 1168, 177 N.Y.S.3d 775 [3d Dept. 2022], lv denied 39 N.Y.3d 910, 2023 WL 3011765 [2023]; Matter of Medina v. New York State Dept. of Corr. & Community Supervision, 205 A.D.3d 1192, 1193, 166 N.Y.S.3d 610 [3d Dept. 2022]).  Petitioner's contention that the tier II disciplinary hearing was not completed in a timely manner is belied by the record.  Petitioner's remaining contentions are either unpreserved or without merit.

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

Egan Jr., J.P., Lynch, Ceresia, McShan and Mackey, JJ., concur.