Shabazz 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, a prison inmate, was found guilty of violating prison disciplinary rules that prohibit making threats and committing an unhygienic act. Introduced into evidence at petitioner’s disciplinary hearing was the misbehavior report, written by a correction officer who had witnessed the events in question. The report…