McKethan v. Bezio

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, a prison inmate, was found guilty following a tier III disciplinary hearing of creating a disturbance. That charge was set forth in a misbehavior report which indicated that petitioner, while housed in the special housing unit, had yelled threats from his cell to an inmate in another cell. After petitioner exhausted his…