Johnson 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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate and a diabetic, was the subject of a misbehavior report charging that he refused to return a syringe taken from the prison infirmary. Petitioner was subsequently found guilty of violating the prison disciplinary rules prohibiting refusal to obey a direct order and causing the loss of property. Petitioner contends that the…