Lopez v. Lacy

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, *820entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of the disciplinary charges of selling drugs and attempting to smuggle drugs into a correctional facility. The investigating officer who prepared the misbehavior report testified outside petitioner’s presence concerning an undercover operation conducted by the officer, with…