Majid v. Selsky

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier III hearing, petitioner, a prison inmate, was found guilty of creating a disturbance, assaulting a staff member, possessing contraband, refusing a direct order and refusing a search. The record reveals that as petitioner was returning from the library, he was stopped by a correction officer who confiscated…