Lashway v. Coughlin

—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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was charged with violating prison disciplinary rules prohibiting inmates from assaulting and making threats against staff as the result of an incident in which he allegedly struck a correction officer with a broom handle and made threatening comments. At the disciplinary hearing, the…