Hamilton v. Selsky

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

Petitioner was found guilty of violating the prison disciplinary rule which prohibits creating a disturbance. According to the misbehavior report, petitioner was among a group of inmates watching television coverage of the September 11, 2001 attacks when the reporting correction officer heard him say, “F* * * the Americans. They…