Striplin v. Selsky

Appeal from a judgment of the Supreme Court (O’Brien, III, J.), entered May 19, 2005 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

While petitioner was being frisked by a correction officer, the metal detector alarm was triggered by petitioner’s left sneaker. The correction officer removed the sneaker and, inside, found a sharpened piece of metal wrapped in tape. On June 16, 2004, petitioner…