Scott v. New York State Department of Corrections

— 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.

Following a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules that prohibit fighting and assaulting another inmate. The charges stem from an altercation between petitioner and his cellmate assistant wherein petitioner used the footrest of his wheelchair to hit his cellmate…