Green v. Taylor

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, a prison inmate, was charged in a misbehavior report with possession of a weapon and possession of contraband, after a search of his cell revealed a sharpened toothbrush with a cloth fastened with rubber bands as a handle and two stones that could be used to sharpen a weapon. Following a tier III…