Merritt v. Fischer

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

During a medication run, a facility nurse suspected that petitioner did not swallow his medication and was hoarding it instead. When confronted, petitioner became uncooperative and abusive, yelling profanities at the nurse. As a result, he was charged in a misbehavior report with refusing a direct order and creating a disturbance and his cell was…