McMillian v. Selsky

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered 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 lewd exposure iii violation of a prison disciplinary rule after a nurse witnessed petitioner masturbating in his cell. Although petitioner pleaded not guilty to the charge, he did admit that he was masturbating at the time of the incident and that the nurse did witness the incident. He,…