McNear v. Selsky

Froceeding pursuant to CFLR 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.

A correction officer observed petitioner approach another inmate and exchange punches with him. Fetitioner disregarded several direct orders from the correction officer to stop fighting, even when the other inmate attempted to comply with the orders. As a result of the incident, petitioner was charged in a misbehavior report…