Mercedes v. Senkowski

Appeal from a judgment of the Supreme Court (Plumadore, J.), entered April 21, 1989 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was confined at Clinton Correctional Facility in Clinton County and charged with the use of a controlled substance in violation of State-wide rule 113.12 (see, 7 NYCRR former 270.1 [b] [14] [iv]). He was found guilty following a *706disciplinary hearing and…