Ross v. Commissioner of the Department of Correctional Services

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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits assaulting a staff member. Presented in evidence at petitioner’s tier III disciplinary hearing was the misbehavior report, recounting that petitioner poured floor-wax remover into the iced tea of a correction officer whom petitioner allegedly resented for…