White v. Selsky

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of the Commissioner of Cor*787rectional Services which found petitioner guilty of violating certain prison disciplinary rules.

While being escorted from a prison dormitory, petitioner took a swing at an approaching correction officer. When the escort officer attempted to restrain petitioner, he ignored the officer’s orders to stop struggling and resisted a pat frisk. With the assistance of the correction officer who was the target of the attack, the…