Hicks 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 Services which found petitioner guilty of violating a prison disciplinary rule.

Following a tier III disciplinary hearing petitioner, a prison inmate, was found guilty of being under the influence of alcohol. According to the misbehavior report, two correction officers and a nurse observed that petitioner’s breath smelled of alcohol, that petitioner was walking unsteadily, and that he had bloodshot eyes. In our…