Gentle v. Bezio

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was informed that he would be leaving the facility where he was incarcerated for a 10-day medical trip and was placed in a holding area while correction officers packed items from his cell. When petitioner came to believe that he was being taken for a court appearance rather than a medical trip, he…