Sharpe 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating the prison disciplinary rules prohibiting refusal to obey a direct order and smuggling. In the misbehavior report, a nurse employed in the facility’s infirmary related that she had directed petitioner to swallow three tablets containing prescription pain medication. Upon her…