Mercer v. James

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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

While performing a cell search of petitioner’s cube, a correction officer found, among other things, a hockey ball similar to the type used in the facility for sports activities. As a result, petitioner was charged in a misbehavior report with possession *1175of contraband and stealing state property. Following a tier II disciplinary hearing, petitioner was…