Moretti v. Selsky

*1050Proceeding 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 a prison disciplinary rule.

Petitioner, an inmate, was charged in a misbehavior report with violating the prison disciplinary rule prohibiting illicit drug use. Following a tier III disciplinary hearing, he was found guilty as charged. Upon administrative review, the determination was affirmed with a modified penalty. This CPLR article 78 proceeding ensued.

We…