Rodriguez v. Selsky

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of threatening another inmate in violation of a prison disciplinary rule. The factual allegations of the misbehavior report stated that while in the big yard petitioner threatened to stab another inmate who could not pay his debt for drugs he had bought from petitioner. We find that the…