Clark 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 a prison disciplinary rule.

Substantial evidence supports the determination finding petitioner guilty of violating the prison disciplinary rule that prohibits the unauthorized possession of a controlled substance. The record establishes that petitioner was released from his cell in order to distribute water to the other inmates. After returning to his cell,…