Matter of Melendez v. Commissioner of the Department of Corrections and Community Supervision

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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination that found him guilty of interfering with an employee, refusing a direct order, making threats and a movement regulation violation. The Attorney General has advised this Court that the determination has been administratively reversed, all references…