Breazil v. Senkowski

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered August 10, 1992 in Clinton County which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged with assault in connection with the stabbing of a fellow inmate and, following a hearing, was found guilty. Claiming that his due process and regulatory rights were violated at the hearing, he thereafter commenced the instant proceeding.…