Davis 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 was found guilty of violating the prison disciplinary rules that prohibit the unauthorized possession of a controlled substance, smuggling and the unauthorized use of a controlled substance. The first of two misbehavior reports filed against petitioner related that, while a correction officer was doing his rounds…