White v. State

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 Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with creating a disturbance, refusing a direct order, interfering with an employee, wasting food and failing to comply with mess hall serving and seating policies. According to the report, petitioner was observed by a facility cook with…