MATTER OF KRALL v. SELSKY


309 A.D.2d 1027 (2003)

766 N.Y.S.2d 153

In the Matter of MICHAEL H. KRALL, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided October 23, 2003.


Petitioner was found guilty of violating the prison disciplinary rule that prohibits the use of a controlled substance after his urine specimen twice tested positive for the presence of cocaine and cannabinoids. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding claiming that the annulment of the determination is required due to the lack of substantial evidence and other procedural errors. Upon our review of the record, we...

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