DeVivo 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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Facility personnel received an anonymous letter detailing a *1010planned prison escape, and a subsequent investigation led personnel to conclude that petitioner authored the letter, which petitioner denied. Petitioner thereafter was charged in a misbehavior report with violating the prison disciplinary rules that prohibit engaging…