Flowers v. Barkley

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a *683determination of respondent Superintendent of Riverview Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of harassing a correction officer with an obscene gesture and refusing to obey the officer’s direct orders in violation of institutional rules prohibiting such conduct. The misbehavior report charged that petitioner became loud and argumentative after he…