Barber 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 certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit refusing a direct order, interference with an employee, making threats and harassment. Following a tier III disciplinary hearing, petitioner was found guilty of interference with an employee’s performance of duties and…