Kelly v. Commissioner of Corrections

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

Petitioner became disruptive after he was advised by a nurse that he would have to spend the night in the prison infirmary. A correction officer repeatedly ordered him to stop arguing with the nurse. Petitioner responded that he knew the officer’s father also worked in the prison and that the officer…