Darvie v. Fischer

Appeal from a judgment of the Supreme Court (McGrath, J.), entered July 21, 2009 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.

While awaiting entry to the prison clinic, petitioner refused a correction officer’s directive to return to á nearby bullpen. He further told the officer that he had to use the bathroom, but left without doing so. As a result, he was charged in a misbehavior report with refusing a direct order,…