Davila 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 certain prison disciplinary rules.

Acting upon confidential information, correction officials approached petitioner’s cell to conduct a search. When they arrived, they observed petitioner standing next to the toilet and he was ordered not to flush it. He ignored this directive and ap*1248peared to dispose of an unknown object. Although no contraband was found on…