Boddie 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.

*997When a correction officer observed petitioner sleeping in his unkempt cell during cleanup hours, the officer woke petitioner by striking a nearby locker and informed him that his cell was not in compliance. Petitioner demanded to speak with a sergeant and was told by the officer that his request would not be granted until his…