Israel v. Leonardo

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

Petitioner was found guilty of violating a State-wide rule prohibiting the possession of weapons. The misbehavior report stated that a metal fork was found in petitioner’s cell. This report, authored by the correction officer who conducted the search, as well as that correction officer’s confirmatory testimony, provide…