Culbreath v. Selsky

—Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered August 11, 1998 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Following a hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits assaulting other inmates. Following the denial of his administrative appeal, petitioner commenced this CPLR article 78 proceeding…