Di Rose v. New York State Department of Correctional Services

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.

Petitioner was charged with violating several prison disciplinary rules arising out of his participation in a fraudulent check-cashing scheme during the period from June 1996 through August 1996. According to the misbehavior report, dated June 3, 1998, petitioner participated in an ongoing conspiracy to cash fraudulent checks…