Winbush v. Ricks

—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 Upstate Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting violent conduct and creating a disturbance. As related in the misbehavior report, the reporting officer was making his rounds when petitioner and his bunkmate informed him that they…