Williams v. Selsky

—Mercure, J.

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

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from possessing weapons. The evidence adduced at petitioner’s disciplinary hearing reveals that the sound of banging and metal falling to the floor in the area of petitioner’s cell precipitated a search of all…