Tinker v. Bezio

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 Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was frisked and his cell was searched for a state-issued razor, but none was found. As a result, he was charged in a misbehavior report with loss of state property and making a false statement. Following a tier III disciplinary hearing, he was found guilty of loss of state property and the determination was *1357…