McBride v. Selsky

—Mikoll, J. P.

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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating the prison disciplinary rules that prohibit creating a disturbance and assaulting a staff member. Presented in evidence at petitioner’s disciplinary hearing was the inmate misbehavior report which related that a correction officer stopped by petitioner’s cell to determine why he had not joined the line…