Caban v. Coombe

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

Petitioner was an inmate at Elmira Correctional Facility in Chemung County when he was found guilty of violating prison disciplinary rules prohibiting the refusal to obey a direct order and the failure to comply with frisk procedures. The charges arose out of an incident in the prison yard when petitioner refused a…