Melette v. Lacy

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin 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, was found guilty of violating the prison disciplinary rules that prohibit violent conduct, creating a disturbance and damaging prison property. The misbehavior report charged that petitioner threw his food tray against the wall of the special housing unit where he was incarcerated. Petitioner…