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

Petitioner was found guilty of two counts each of drug possession and smuggling as charged in two separate misbehavior reports.* The first misbehavior report relates that while a correction officer was conducting a strip search of petitioner, petitioner was ordered to spit out what appeared to be a green object in his…