Perez v. Bezio

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 Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.

Following a search of petitioner’s cell, he was charged in a *1149misbehavior report with the unauthorized possession of Uniform Commercial Code (hereinafter UCC) documents. At the tier III disciplinary hearing, petitioner pleaded guilty to the charge with the explanation that he forgot to throw out the UCC paperwork after…