Matter of Gross v. Prack

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 Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with lewd behavior, stalking and refusing a direct order stemming from an incident involving a librarian at the correctional facility. Following a tier III disciplinary hearing, petitioner was found guilty of lewd behavior and refusing a direct order. Upon…