Gladden v. Selsky

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the *681Supreme 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 found guilty of violating the prison disciplinary rule prohibiting possession of a weapon. The correction officer who authored the misbehavior report testified that he was performing a routine search of petitioner’s single-occupancy room when he found a homemade weapon secreted behind an access panel over the sink. The…