McKethan v. Selsky

—Appeal from a judgment of the Supreme Court (McNamara, J.), entered October 19, 2001 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing a weapon after a search of his cell uncovered a knife-type weapon. Petitioner’s sole contention on appeal is that he was denied the right to be *715present during the…