Amaker v. Selsky

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 Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner failed to comply with a correction officer’s order to move to a double-bunk cell. As a result, he was charged in a misbehavior report with refusing a direct order and refusing a double-bunk assignment. At the tier III disciplinary hearing, the Hearing Officer reviewed certain paperwork and agreed that petitioner was not…