Lopez v. Leonardo

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 Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

A search of petitioner’s cell at Great Meadow Correctional Facility in Washington County resulted in the discovery of a nail clipper with a sharpened handle. The correction officer who discovered the clipper subsequently filed a misbehavior report charging petitioner with possession of a weapon in violation of prison disciplinary…