Harvey v. Woods

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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in two misbehavior reports with refusing a search, disobeying a direct order (two counts), violating movement regulations and committing an unhygienic act. The first report arose out of petitioner’s refusal to lift his feet to be scanned by a metal detector. The second report…