IN RE: Luis GARCIA (2007)

Supreme Court, Appellate Division, Third Department, New York.

IN RE: Luis GARCIA, Petitioner, v. Glenn S. GOORD, as Commissioner of Correctional Services, Respondent.

Decided: November 01, 2007

Before: CARDONA, P.J., CREW III, PETERS, CARPINELLO and KANE, JJ.

Luis Garcia, Brocton, petitioner pro se. Andrew M. Cuomo, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondent.

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 which found petitioner guilty of violating a prison disciplinary rule.

At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of drug use. That determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The determination of guilt is supported by substantial evidence in the form of the misbehavior report and hearing testimony regarding the positive urinalysis test results (see Matter of Hayes v. Goord, 26 A.D.3d 546, 807 N.Y.S.2d 739 [2006] ). Petitioner's remaining contentions, including his challenges to the chain of custody, have been examined and found to be without merit.

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

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