Blanden v. Le Clare

—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 prohibiting violent conduct and assault on an inmate. Evidence presented at petitioner’s disciplinary hearing included the misbehavior report, information provided by a confidential informant and the testimony of the sergeant who had participated in an…