Canty v. Prack

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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was observed passing a green object to another inmate in the prison yard, after which the other inmate was frisked and found to have a sharpened green toothbrush. As a result, petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting possession of a weapon.…