Thomas 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 a prison disciplinary rule.

Following a tier III hearing, petitioner, a prison inmate, was found guilty of the sale or exchange of narcotics after an ongoing investigation revealed that petitioner was responsible for selling controlled substances within the facility. Contrary to petitioner’s contention, the misbehavior report and the testimony of the…