Bennett v. Selsky

—Cardona, P.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 Cor*664rectional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged with violating the prison disciplinary rules prohibiting forgery, possession of contraband, creating a fire hazard and altering an electrical device after a search of his cell uncovered a forged misbehavior report and other unauthorized items. At a tier III disciplinary hearing, petitioner…