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 Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
A misbehavior report charged petitioner with violating the prison disciplinary rules against soliciting others to smuggle, conspiring to bring drugs into the facility and third-party calls. The charges arose after an investigation revealed that petitioner solicited a visitor to collect money from other inmates and smuggle heroin into the facility. Petitioner was found guilty of the charges following a tier III disciplinary hearing, but the charge of third-party calls was dismissed on administrative appeal. Petitioner commenced this CPLR article 78 proceeding challenging the determination of guilt on the other two charges.
Mercure, J.P., Crew III, Spain, Rose and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
