Hernandez v. Herbert

—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 a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting possession of a weapon. As set forth in the misbehavior report, the reporting correction officer was on duty in the prison yard when he saw petitioner picking up a long, thin object from the ground. Petitioner then walked over to a snow bank where he…