Pettus v. Selsky

*981Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was accused of becoming disruptive and failing to cooperate with correction officers during a frisk conducted prior to a scheduled medical appointment. As a result, the appointment had to be rescheduled and petitioner was returned to his cell. He was charged in a misbehavior report with refusing a direct order,…