Albornoz-Sinisterra v. Smith

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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

While a female correction officer was conducting a standing count of inmates, she observed petitioner standing naked in his cell facing her. Although he had a sheet covering the cell bars to *1582the height of the feed up tray, his genitals were clearly visible and he did not attempt to cover them. When the officer…