Valdes v. Selsky

—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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

After conducting a search of petitioner’s cell, correction officers found a shank in a hollowed-out piece of wood attached to the wall. Following a tier III hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from possessing weapons. In our view, the detailed misbehavior report and the…