Caviano v. Stinson

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

Contrary to petitioner’s assertions, his disciplinary hearing was commenced within seven days of his being confined to his cell as mandated by 7 NYCRR 251-5.1 (a). The period of his hospitalization is not considered as part of the period of confinement. In addition, the hearing was also conducted within 14 days of the…