Thomas v. Ricks

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

*748Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from participation in unauthorized organizational activity. As set forth in the misbehavior report, two correction officers were moving petitioner’s cellmate to another cell when petitioner began chanting from the recreation pen, “Blood…