Darnell v. Kuhlmann

— Levine, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

On July 20, 1987, petitioner, an inmate at Sullivan Correctional Facility in Sullivan County, was burning incense in his cell when a correction officer ordered that petitioner be searched, based upon his knowledge that incense is often used to mask the odor of drug use. The strip frisk revealed a small cigarette-like…