Matter of Rodriguez v. Miller

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

While a correction officer was directing inmates to return to their cells, he advised them that no food was to leave the feed-up area. When petitioner indicated that he had not yet eaten, the officer informed petitioner to return to his cell, stating that petitioner could eat with his company. The officer frisked petitioner prior to leaving the area, at…