Wells v. Dubray

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 certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with stalking, harassment and soliciting a sexual act. At the conclusion of the tier III disciplinary hearing that followed, petitioner was found not guilty of stalking but guilty of the remaining charges and a penalty of 365 days in the special housing unit and a corresponding…