Brooks v. State of New York Department of Correctional Services

Appeal from a judgment of the Supreme Court (Canfield, J.), entered January 15, 1997 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating certain prison disciplinary rules after a hearing pursuant to charges contained in five misbehavior reports. By failing to object to the procedure of combining the five misbehavior reports into one tier III hearing,…