Ortiz v. Selsky

Mercure, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in two misbehavior reports with possessing a weapon, refusing a direct order, assaulting an inmate, fighting, engaging in violent conduct and creating a disturbance. The charges stem from allegations that petitioner cut another inmate’s throat with a razor blade and…