Davis v. Murphy

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.

Petitioner was the subject of a misbehavior report charging him with violating the prison disciplinary rules that prohibit the unauthorized possession of a controlled substance and the unauthorized exchange of personally owned items. The reporting correction officer testified that he had observed petitioner in the act of handing a…