Stephens v. Selsky

Mikoll, J. P.

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of refusing to comply with the prison disciplinary rules regarding frisk procedures and direct orders. The misbehavior report related that on the afternoon of March 14, 1997, during a strip frisk, petitioner was directed to open his mouth for inspection and…