Florentino v. Washburn

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with drug possession after it was determined that he had solicited his mother to bring him drugs during a visit. Following a tier III disciplin*1170ary hearing, from which petitioner was removed for disruptive behavior, petitioner was found guilty as charged. That determination was…