Calhoun v. Selsky

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

Petitioner left the correctional facility where he was incarcerated, having received a pass for an overnight visit to his home. When he returned, he was charged in a misbehavior report with absconding, exceeding time limits and violating temporary release rules. At a tier III disciplinary hearing, petitioner testified that a…