Boley v. Selsky

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

While petitioner was being escorted to the restroom, he suddenly moved aggressively toward a correction officer and attempted to “head-butt” him. Petitioner then continued to struggle with correction officers, despite their repeated orders to stop resisting, until the officers ultimately took him to the floor and applied leg…