Gomez v. Senkowski

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

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the possession of a controlled substance after a search of his cell uncovered marihuana attached to his bedpost. Initially, we note that this CPLR article 78 proceeding was properly transferred to this Court given petitioner’s contention that the Hearing Officer was biased (see,…