Barclay v. Summers

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 certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this proceeding to annul a tier III disciplinary determination finding him guilty of violating the prison disciplinary rules that prohibit interfering with an employee and refusing a direct order. The Attorney General has advised this Court that the administrative determination has been…