McEwen v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) *1117to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

During a search of petitioner’s cell, a correction officer found a sharpened plastic toothbrush handle hidden in the cell door track. As a result, petitioner was charged with possessing an altered item and a weapon. He was found guilty of both charges at the conclusion of a tier III disciplinary hearing and the…