Bailey v. Smith

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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was participating in the family reunion program and was issued a Polaroid camera with film for nine photographs. During the visit, petitioner used the emergency telephone to notify authorities that his camera was not working, claiming that there was no film in the camera. After petitioner was unable to…