Culbreath v. Selsky

—Peters, J. 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.

We reject petitioner’s claim that upon his administrative appeal which resulted in the reversal of the initial determination finding him guilty of violating certain prison disciplinary rules, the Commissioner of Correctional Services erred in directing that a new hearing be held (see, Matter of Stephens v Goord,…