Calderon v. Senkowski

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

In April 1989 a misbehavior report was filed against petitioner, an inmate at Bare Hill Correctional Facility in Franklin County, charging him with the violation of institutional rule 113.2 (possession of a controlled substance). This charge stemmed from an incident which occurred on April 5, 1989 when petitioner signed for…