Silvera v. Artuz

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.

Petitioner was found guilty of violating prison disciplinary rules prohibiting the refusal to obey a direct order, refusal to submit to a frisk and possession of a weapon. Petitioner challenges this determination, contending that it was not based upon substantial evidence. We disagree. Adduced in evidence against…