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

Petitioner was charged in a misbehavior report with violating numerous prison disciplinary rules in the wake of a gang-related assault upon an inmate following which petitioner, who was allegedly a gang member present for the attack, disposed of the weapon used therein. After a tier III disciplinary hearing, petitioner was…