Rivera v. Prack

Stein, J.P

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 certain prison disciplinary rules.

During the course of an investigation, correction officials discovered that petitioner had conspired with his girlfriend and another individual to bring marihuana, cocaine and heroin into the correctional facility during visitation. As a consequence, petitioner was charged in a misbehavior report with…