Emmons 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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the possession of a weapon after a frisk of his cell yielded a blade fashioned from a can lid. Petitioner challenges the determination of his guilt on the ground that it was not based upon substantial evidence. We disagree. The misbehavior report and the testimony of the correction…