Torres v. Prack

— Peters, PJ.

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 a prison disciplinary rule.

Following a tier III disciplinary hearing, petitioner was found guilty of a prison disciplinary rule that prohibits engaging in or possessing materials related to an unauthorized organization that advocates certain proscribed conduct. After petitioner’s administrative appeal was unsuccessful, he commenced…