James v. Couture

—Mercure, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

In two misbehavior reports joined for a tier III hearing, petitioner was charged with possession of a narcotic, failure to comply with frisk orders, failure to comply with direct orders and physical interference with an employee. The charges arose out of a search of petitioner’s cell. The search revealed…