Cintron v. Maxwell

—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 respondent Superintendent of Marcy Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from refusing to obey a direct order. The misbehavior report stated that on November 1, *7461996, petitioner had refused to obey two of the three directives given to him by a civilian teacher. Although petitioner testified…