Rodriguez 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 was found guilty of violating the prison disciplinary rule prohibiting fighting. The correction officer who authored the misbehavior report testified that he had observed petitioner fighting with two other inmates. As the officer approached the inmates, petitioner fled, but was soon found hiding in a nearby bathroom. The…