Smith 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 a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of possessing unauthorized organizational materials. Contrary to petitioner’s contention, the misbehavior report, as well as petitioner’s own testimony and the testimony of a correction officer deemed to be an expert in gang-related material, provide substantial evidence of petitioner’s…