Matter of Olibencia v. New York State Department of Corrections and Community Supervision

Appeal from a judgment of the Supreme Court (Ceresia, J.), entered January 8, 2015 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with possession of a weapon after a search of his cell uncovered a shank secured inside his cell locker with masking tape that was the same color as the cell locker. Following a tier III disciplinary hearing,…