Polanco v. Selsky

—Carpinello, J.

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.

Petitioner, a prison inmate, was charged with possessing a weapon, refusing a direct order and causing a disturbance in violation of prison disciplinary rules. According to the misbehavior report, when a correction officer, in conducting a search of petitioner’s cell, discovered a sharpened metal shank concealed…