Garcia v. Selsky

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 which found petitioner guilty of violating certain prison disciplinary rules.

While an inmate at Southport Correctional Facility in Chemung County, petitioner was served with three misbehavior reports. In the first, he was charged with engaging in an unhygienic act and assaulting staff when he spit at a correction officer who brought him medications. In the second, he was charged with engaging in an unhygienic act and assaulting…