Monko v. Selsky

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered September 10, 1996 in Clinton County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, by annulling a prison disciplinary determina*700tion and remitting the matter to the Commissioner of Correctional Services for a new hearing.

In December 1995 petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting possession of escape paraphernalia and possession of contraband (i.e., a homemade handcuff key). It subsequently came to light that the tape…