Bailey v. Walsh

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier II hearing, petitioner, a prison inmate, was found guilty of refusing a direct order, making false statements, making threats and misusing property in violation of prison *1089disciplinary rules. The charges stemmed from an incident during which petitioner, a clerk in the facility’s law library, refused to comply with a correction officer’s…