Opinion
09-21-2017
In the Matter of Angel BEAUCHAMP, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Angel Beauchamp, Coxsackie, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Angel Beauchamp, Coxsackie, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco 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 finding petitioner guilty of violating a prison disciplinary rule.
Petitioner was charged in a misbehavior report with using a controlled substance after his urine twice tested positive for the presence of two different drugs. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, positive urinalysis test results and related documentation, along with the testimony at the hearing—including petitioner's admission that he knew he smoked "something"—provide substantial evidence to support the determination of guilt (see Matter of Green v. Annucci, 148 A.D.3d 1443, 1444, 49 N.Y.S.3d 583 [2017], lv. denied 29 N.Y.3d 916, 2017 WL 3908091 [2017] ; Matter of Cotterell v. Taylor–Stewart, 145 A.D.3d 1245, 1246, 44 N.Y.S.3d 228 [2016] ). Contrary to petitioner's contention, the correction officer who performed the urinalysis tests adequately explained, and a review of the misbehavior report, log book and urinalysis procedure forms confirms, that the discrepancies in the misbehavior report were clerical errors (see Matter of Rosario v. Prack, 119 A.D.3d 1302, 1302, 989 N.Y.S.2d 704 [2014] ; Matter of Davis v. Fischer, 98 A.D.3d 1154, 1155, 950 N.Y.S.2d 803 [2012] ). As such, we find that the validity of the test results was not undermined (see Matter of Green v. Annucci, 134 A.D.3d 1376, 1377, 21 N.Y.S.3d 646 [2015] ; Matter of Faraldo v. Bezio, 93 A.D.3d 1007, 1008, 939 N.Y.S.2d 893 [2012] ). Petitioner's remaining contentions, to the extent that they are preserved, have been reviewed and found to be without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
McCARTHY, J.P., LYNCH, DEVINE, AARONS and PRITZKER, JJ., concur.