Barclay v. New York State Department of Correctional Services

Crew III,

J. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in two separate misbehavior reports with violating various prison disciplinary rules. The first, dated November 20, 2002, charged petitioner with disturbing the order of the facility, refusing a direct order, verbally interfering with and harassing correction officers and violating facility movement regulations. The charges stemmed from…