Werner v. Philips

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.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits the use of another inmate’s personal identification number to make a telephone call. Petitioner was found guilty after a disciplinaiy hearing and the determination was affirmed on administrative appeal. This CPLR article 78…