Gittens v. Senkowski

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

A misbehavior report charged petitioner, an inmate at Clinton Correctional Facility in Clinton County, with violation of prison rules 118.31 (altering, rewiring and tampering with an electrical device), 113.11 (altering an authorized item to change its original intent and purpose) and 116.10 (destruction of State property). Following a tier III Superintendent’s…