Drumgoole v. Selsky

Crew III, J.P

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, a prison inmate, was charged in a misbehavior report with assaulting a staff member, engaging in violent conduct and disobeying a direct order. The charges stemmed from an incident wherein petitioner allegedly struck a correction officer as the officer attempted to disconnect a call button *1048in…