Thornhill 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 a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the possession of a weapon. Substantial evidence was presented at petitioner’s disciplinary hearing in the form of an inmate misbehavior report written by the correction officer whose search of petitioner had divulged a razor secreted in the collar area of his sweatshirt. This report…