Nogueras 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 a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from making threats. As stated in the misbehavior report, the reporting correction officer was informed by a confidential source that petitioner had repeatedly stated that he wanted to kill Correction Officer Smith. Included in the evidence…