Vega v. Selsky

—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 a prison disciplinary rule.

Petitioner was charged in a misbehavior report with a violation of the prison disciplinary rule prohibiting harassment based upon the allegation that he had made inappropriate remarks of a personal nature to a correction officer. At the ensuing disciplinary hearing, the correction officer who authored the misbehavior report…