France v. Bezio

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 was charged in a misbehavior report with making threats and engaging in gang-related activities. Specifically, the misbehavior report alleged that petitioner had approached another inmate on the courtyard walkway, brandished a razor-type weapon and made representations that he was involved with a gang called the…