Malone v. Giambruno

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton 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 found guilty of tattooing and displaying or wearing unauthorized organizational material. Initially, we note that petitioner’s knowing and voluntary guilty plea on the tattooing charge precludes his substantial evidence challenge on that charge (see, Matter of Malik v Senkowski, 271 AD2d…