Santana v. Selsky

Appeal from a judgment of the Supreme Court (Benza, J.), entered September 5, 2002 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Following a disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting violent conduct, creating a disturbance, fighting and refusing to obey a direct order. Petitioner’s subsequent CPLR article 78 proceeding was…