Nieves v. Coughlin

Appeal from a judgment of the Supreme Court (Conway, J.), entered April 12, 1989 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, was charged with refusal to obey a direct order and possession of a controlled substance as a result of a July 10, 1988 incident. According to evidence adduced at a Tier III hearing, as petitioner was walking through…