Vadala v. Selsky

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

Following a tier III disciplinary hearing, petitioner was found guilty of violating prison disciplinary rules prohibiting smuggling and the possession of altered items. The misbehavior report stated that, on November 2, 1997, a correction officer witnessed petitioner pull down his pants, grab something out of his knee brace,…