in Matter of Stanley Brown v. Barkley

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 certain prison disciplinary rules.

After being involved in a physical altercation with another inmate, petitioner was charged in a misbehavior report with fighting and engaging in violent conduct. He was found guilty of both charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. Petitioner then commenced…