Sealey v. Bezio

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 Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

During a routine pat frisk, a package containing a green leafy substance was retrieved by correction officers after it fell from the front pocket of petitioner’s pants. Petitioner struggled with the correction officers who were conducting the pat frisk, refused orders to stop resisting and attempted to strike…