Diaz v. Smith

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

During a confidential investigation, an inmate disclosed that petitioner had given him marihuana in exchange for cigarettes and had threatened him when he was unable to pay off the remainder of the debt that he owed to petitioner. Petitioner was charged in a misbehavior report with making threats and possessing a…