Lashway v. Stinson

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting threats and harassment after a verbal exchange with a correction officer. Petitioner challenges this determination arguing, inter alia, that it is not supported by substantial evidence because it is based upon a false…