Emmons v. Selsky

—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 respondent which found petitioner guilty of violating a prison disciplinary rule.

While a correction officer was randomly monitoring inmate telephone calls, he overheard petitioner, an inmate at Auburn Correctional Facility in Cayuga County, admit to assaulting two inmates. As a result of this information, petitioner was charged with, and found guilty of, violating the prison disciplinary rule which prohibits assaults on inmates.

We reject…