Bristow v. Selsky
Opinion of the Court
—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Following a tier III disciplinary hearing petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing weapons based upon proof indicating that a sharpened metal shank was found secreted in the back of petitioner’s toilet. This determination was affirmed upon petitioner’s administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.
Contrary to petitioner’s contention, we find that the misbehavior report, combined with the reporting officer’s testimony, provide substantial evidence of petitioner’s guilt (see, Matter of
Cardona, P. J., Mikoll, Mercure, Crew III and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.