Sheller 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 Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

After petitioner, a prison inmate, was observed looking down the blouse of a female correction counselor, he was charged in a misbehavior report with stalking, harassment and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of harassment. That determination was…