Benson v. Selsky

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

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of creating a disturbance, engaging in violent conduct, assaulting an inmate, fighting, possessing a weapon and refusing a direct order. We now confirm.

The misbehavior report, as amplified by hearing…