McKinley v. Stinson

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.

In seeking to annul the administrative determination finding him guilty of assault, harassment and making threats, petitioner initially argues that he was improperly denied his right to call a certain inmate as a witness. Having acquiesced to the inmate’s refusal to testify, however, petitioner waived his right to…