Cole 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 respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier III hearing, petitioner, a prison inmate, was found guilty of refusing a direct order, interference with a facility employee, possession of contraband and smuggling. The misbehavior report alleged that petitioner, while on drug watch, indicated to a correction officer that he had to use the bathroom.…