Rosales v. Bezio

Appeal from a judgment of the Supreme Court (Feldstein, J), entered June 18, 2010 in Franklin County, which dismissed *1477petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

A correction officer observed petitioner, a prison inmate, in the yard exchanging punches with another inmate. Both inmates ignored a direct order to stop, after which petitioner was observed slashing the other inmate in the face with a razor blade. Thereafter,…