Gioe 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 disciplinary hearing, petitioner, a prison inmate, was found guilty of exchanging drugs in violation of a prison disciplinary rule. According to the misbehavior report, a correction officer observed petitioner pass a package to another inmate in a “very suspicious” manner. When the other inmate was frisked, it was…