Sime 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.

*651Petitioner, a State prison inmate, was charged with violating a prison disciplinary rule prohibiting an inmate from threatening to commit an unhygienic act against prison staff. At the tier III hearing petitioner denied the charge, and two inmates requested by petitioner testified outside of his presence. Testimony also was taken…