Marcelin 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.

Petitioner was found guilty of violating the prison disciplin*753ary rules that prohibit physical contact between inmates and the commission of sexual acts. The reporting correction officer stated in the misbehavior report that he had observed petitioner standing in the corner of the telephone room engaged in an act of oral…