Matter of McCarthy v. Prack

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.

During the course of an investigation, correction officials received confidential information that petitioner stood watch while another inmate urinated in a water bottle belonging to a correction officer. As a result of this incident, he was charged in a misbehavior report with committing an unhygienic act and…