Pelaez v. Captain Early

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with violent conduct, fighting, failing to report an illness and providing false statements after a confidential source accused him of having attacked a fellow inmate. He pleaded guilty to failing to report an illness and, following a tier III disciplinary…