Mercado v. Selsky

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review *721a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the possession of a weapon after a search of his cell uncovered a toothbrush sharpened to a point at one end. Petitioner asserts that the Department of Correctional Services should have an “orientation program” whereby new inmates are advised…