Carvalho v. Coughlin

— Casey, J.

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

Petitioner, an inmate at Southport Correctional Facility in Chemung County, was charged with violating inmate rules concerning the possession of contraband. It is undisputed that during the course of a frisk of petitioner’s cell, two flat metal bars, each about three feet long, were found under petitioner’s…