Moxley 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, an inmate, resisted a frisk by a correction officer and then continued to fight back as other correction officers attempted to subdue him. As a result, he was charged in a misbehavior report with refusing to submit to a frisk, interfering with an employee and assaulting the staff. Following a tier III disciplinary…