Moley v. LeFevre

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

A misbehavior report stated that petitioner was observed storming out of a hearing office, uttering obscenities to the Hearing Officer and slamming the door. He neither attended nor produced witnesses at his Tier II hearing which was conducted in his absence. The misbehavior report was read into the record and accepted as…