Mariani v. Selsky

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.

After a can top and a container of black pepper were found in his cube, petitioner was charged in a misbehavior report with possession of a weapon and possession of contraband. Following a tier III disciplinary hearing he was found guilty of these charges. That determination was confirmed upon administrative appeal and this…