Terry 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.

While monitoring inmate telephone calls, a correction officer overheard petitioner conversing with an unknown individual about smuggling something into the correctional facility. As a result, petitioner was charged in a misbehavior report with smuggling and was found guilty of the charge at the conclusion of a tier III disciplinary…