Gonzalez v. Prack

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, an inmate, was charged in two separate misbehavior reports with violating various prison disciplinary rules. Following a combined tier III hearing, he was found guilty of assaulting staff (two counts), committing an unhygienic act, disobeying a direct order and refusing a search. On administrative appeal, the…