Bethea v. Selsky

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

After an incident in which petitioner was observed fighting with other inmates in the recreation yard, he was found guilty of fighting, engaging in violent conduct, disturbing the order of the facility and failing to obey a direct order. Petitioner argues, inter alia, that the administrative determination is not…