Matter of New v. Vasile

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 respondent Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner approached a correction officer, informed the offi cer that he had information to tell him and then the pair went into a closet. Once inside, petitioner grabbed the officer’s genitals and said, “[W]e are alone just me and you.” As a result of this incident, petitioner was charged in a misbehavior…