Belliard v. New York State Department of Corrections

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 Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

After a window was broken in the prison day room, a correction sergeant undertook an investigation to determine how this occurred. The sergeant obtained confidential information indicating that petitioner broke the window because he was upset about not being able to watch a particular television show. When the…