Adams v. Selsky

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 Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was observed lunging at another inmate and stabbing him in the neck area. The weapon used by *478petitioner was recovered after he dropped it to the floor and the weapon’s sheath was found in his pants pocket. Petitioner was thereafter charged in a misbehavior report with assault, possession of a…