McDermott 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.

Based upon confidential information, petitioner was the subject of a facility mail watch which revealed a substance hidden in inserts within magazines sent in an envelope addressed to petitioner; this method of operation was entirely consistent with the smuggling procedure described in the confidential information. After the…