Russell v. Selsky

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 *999Services which found petitioner guilty of violating certain prison disciplinary rules.

During a frisk, petitioner became disruptive and dumped the contents of a garbage can on the floor. He refused a correction officer’s directive to clean it up and, after being placed against a wall, struck the officer with a closed fist. He was placed in mechanical restraints and then removed from the area. As a result of this…